The Doctrine Of Undue Influence In Anglo American Law Download Ebook PDF Epub Online

Author : Joseph Traub Arenson
Publisher :
Release : 1953
Page : 77
Category : Contracts
ISBN 13 :
Description :



Author : Joseph Traub ARENSON
Publisher :
Release : 1953
Page : 77
Category :
ISBN 13 :
Description :



Author : Joseph Traub Arenson
Publisher :
Release : 1953
Page : 85
Category :
ISBN 13 :
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Author :
Publisher : Brill Archive
Release : 1984
Page : 56
Category :
ISBN 13 :
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Author : Heather Conway
John Stannard
Publisher : Bloomsbury Publishing
Release : 2016-12-15
Page : 320
Category : Law
ISBN 13 : 1509902465
Description :


In his seminal work, Emotional Intelligence, Daniel Goleman suggests that the common view of human intelligence is far too narrow and that emotions play a much greater role in thought, decision-making and individual success than is commonly acknowledged. The importance of emotion to human experience cannot be denied, yet the relationship between law and emotion is one that has largely been ignored until recent years. However, the last two decades have seen a rapidly expanding interest among scholars of all disciplines into the way in which law and the emotions interact, including the law's response to emotion and the extent to which emotions pervade the practice of the law. In The Emotional Dynamics of Law and Legal Discourse a group of leading scholars from both sides of the Atlantic explore these issues across key areas of private law, public law, criminal justice and dispute resolution, illustrating how emotion infuses all areas of legal thought. The collection argues for a more positive view of the role of emotion in the context of legal discourse and demonstrates ways in which the law could, in the words of Goleman, become more emotionally intelligent.


Author : Andrew Robertson
Michael Tilbury
Publisher : Bloomsbury Publishing
Release : 2016-01-28
Page : 392
Category : Law
ISBN 13 : 1782256628
Description :


This book is a study of doctrinal and methodological divergence in the common law of obligations. It explores particular departures from the common law mainstream and the causes and effects of those departures. Some divergences can be justified on the basis of a need to adapt the common law of contract, torts, equity and restitution to local circumstances, or to bring them into conformity with local values. More commonly, however, doctrinal or methodological divergence simply reflects different approaches to common problems, or different views as to what justice or policy requires in particular circumstances. In some instances divergent methodologies lead to substantially the same results, while in others particular causes of action, defences, immunities or remedies recognised in one jurisdiction but not another undoubtedly produce different outcomes. Such cases raise interesting questions as to whether ultimate appellate courts should be slow to abandon principles that remain well accepted throughout the common law world, or cautious about taking a uniquely divergent path. The chapters in this book were originally presented at the Seventh Biennial Conference on the Law of Obligations held in Hong Kong in July 2014. A separate collection, entitled The Common Law of Obligations: Divergence and Unity (ISBN: 9781782256564), is also being published.


Author : Stephen Weatherill
Aurelia Colombi Ciacchi
Publisher : Oxford University Press, USA
Release : 2010
Page : 572
Category : Language Arts & Disciplines
ISBN 13 : 0199594554
Description :


Private persons frequently guarantee business debt incurred by family members, friends, or employers, often while unaware of the financial risk they are exposing themselves to. This book provides an analysis of the law's response to potential unfairness in the practice across 22 EU Member States, setting an agenda for legal reform.


Author : Yuka Kaneko
Publisher : Springer
Release : 2019-03-13
Page : 180
Category : Law
ISBN 13 : 9811362033
Description :


This book focuses on the legal systems of the late-developing countries of ASEAN (Cambodia, Laos, Myanmar, and Vietnam, often referred to as the CLMV countries). These nations are apt to be placed in an economically disadvantageous situation within the opportunity of communalization of legal systems being advanced by the ASEAN Economic Community (AEC) launched in 2015, and the book clarifies the dynamics of the changes within these legal systems. Concurrently, there is an intention to analyze the “legal system development support” that has continued to be provided to these countries since the mid-1990s via international development support from international organizations and developed countries including Japan. In particular, the emphasis has been on the area of civil law, where the main subject of Japan’s support has been centered on the civil code and civil procedure code. The legal system of the recipient country is complicated by the crisscrossing of the remnants of previous eras, from the inherent laws that have existed since before colonization, the laws of the colonial powers that were introduced during the colonial era (French law in Cambodia, Laos, and Vietnam; English law in Myanmar), the influence of socialist law after independence from colonization, and the path of modern industrialization and development, such that one country's legal system is the combination of all of these influences. For the reader to understand the dynamics of these changing laws, each chapter of the book combines two methodological perspectives. The first is to ascertain the spatial range as to how far the civil law extends across social phenomena. The second is a historical perspective in which the trends in legal changes will be understood on a time axis.


Author : Jeff King
Publisher : Cambridge University Press
Release : 2016-05-02
Page : 240
Category : Law
ISBN 13 : 1107128013
Description :


This book outlines how odious debts are not legally binding under international or domestic law, contrary to widely held legal opinion.


Author : Reiner Schulze
Publisher : Walter de Gruyter
Release : 2007-01-01
Page : 451
Category : Law
ISBN 13 : 3866537263
Description :


Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll.


Author : Lorna Fox O'Mahony
Publisher : Bloomsbury Publishing
Release : 2012-01-06
Page : 412
Category : Law
ISBN 13 : 1847319025
Description :


The growing use of housing equity to support a range of activities and needs raises complex issues, particularly for older owners. In an environment in which older owners are pushed towards housing equity transactions to meet income and welfare costs, they are required to make choices from a complex and sometimes bewildering range of options. The transactions which facilitate the use of home equity as a resource to spend in later life - from 'trading down' and 'ordinary' secured and unsecured debt to targeted products including reverse/lifetime mortgages, home reversion plans and sale-and-rentback agreements - raise important legal and regulatory issues. This book provides a contextual analysis of the financial transactions that older people enter into using their housing equity. It traces the protections afforded to older owners through the 'ordinary' law of property and contract, as well as the development of specific regulatory protections focused on targeted products. The book employs the notion of risk to highlight the nature and causes of the 'situational' vulnerabilities to which older people are now subject as 'consumers' of housing equity, showing that the older owner's personal situation is crucial in determining whether and why they may seek to release equity, the options and products available to them, and the impact of harms resulting from adverse transactions. The book critically evaluates the extent to which this context is incorporated in the legal frameworks through which these transactions are governed, as a measure of the 'appropriateness' of existing legal provision, as well as considering the arguments surrounding 'special protection' for older owners in housing equity transactions.


Author : Won-Lim Jee
Jung Won (Jamie) Jun
Publisher : Kluwer Law International B.V.
Release : 2019-05-15
Page : 216
Category : Law
ISBN 13 : 9403511818
Description :


Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in South Korea covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of ‘consideration’ or ‘cause’ and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of ‘relative effect’, termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in South Korea will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.


Author : Robert F. Cochran, Jr
Michael P. Moreland
Publisher : Routledge
Release : 2020-11-22
Page : 318
Category : History
ISBN 13 : 1000225054
Description :


This volume examines the relationship between Christian legal theory and the fields of private law. Recent years have seen a resurgence of interest in private law theory, and this book contributes to that discussion by drawing on the historical, theological, and philosophical resources of the Christian tradition. The book begins with an introduction from the editors that lays out the understanding of "private law" and what distinguishes private law topics from other fields of law. This section includes two survey chapters on natural law and biblical sources. The remaining sections of the book move sequentially through the fields of property, contracts, and torts. Several chapters focus on historical sources and show the ways in which the evolution of legal doctrine in areas of private law has been heavily influenced by Christian thinkers. Other chapters draw out more contemporary and public policy-related implications for private law. While this book is focused on the relationship of Christianity to private law, it will be of broad interest to those who might not share that faith perspective. In particular, legal historians and philosophers of law will find much of interest in the original scholarship in this volume. The book will be attractive to teachers of law, political science, and theology. It will be of special interest to the many law faculty in property, contracts, and torts, as it provides a set of often overlooked historical and theoretical perspectives on these fields.


Author : Edward Errante
Publisher : LGDJ
Release : 1995
Page : 120
Category : Contracts
ISBN 13 :
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Author : Glenn J. Larrabee
Publisher : OUP USA
Release : 2011-12-06
Page : 534
Category : Medical
ISBN 13 : 0195383524
Description :


An invaluable guide for neuropsychologists who provide expert testimony in both civil and criminal court cases where judgments must be made as to the cause of, and prognosis for, brain diseases and injuries, as well as the impact of brain dysfunction on legal competencies and responsibilities. Topics include scientific reasoning, ethical and professional issues, admissibility of evidence, malingering, traumatic brain injury in children and adults, neurotoxic injury, chronic pain, post-traumatic stress disorder, unexplained medical disorders, functional neuroimaging, and civil and criminal competencies and responsibilities.


Author : Brian H. Bix
Publisher : Cambridge University Press
Release : 2012-10-15
Page :
Category : Law
ISBN 13 : 1139576631
Description :


To gain a deep understanding of contract law, one needs to master not only the rules and principles of the field, but also its underlying theory and justification, and its long and intricate history. This book offers an accessible introduction to all aspects of American contract law, useful to both first-year law students and advanced contract scholars. The book is grounded on up-to-date scholarship and contains detailed references to cases, statutes, Restatements and international legal principles. The book takes the reader from contract formation through interpretation and remedies, considering both the practical and theoretical aspects throughout. Each chapter also includes helpful lists of suggested further reading.


Author : Werner Z. Hirsch
Publisher : Academic Press
Release : 2015-05-11
Page : 434
Category : Law
ISBN 13 : 148329725X
Description :


This second edition takes into account the major developments in economics and jurisprudence that have occurred since the publication of the first edition. A new chapter has been added on anti-discrimination law and such topics as adverse possession, rent control, medical malpractice, product reliability, and defense against criminal prosecution have been reexamined in the light of new theoretical developments and case studies. Environmental law and a careful comparison of alternative methods to control the environment are included.


Author : Henry Taylor Terry
Publisher :
Release : 1884
Page : 686
Category : Electronic books
ISBN 13 :
Description :



Author : Robin West
Publisher : Routledge
Release : 2017-07-05
Page : 552
Category : Law
ISBN 13 : 1351556037
Description :


The essays collected in this volume reflect the profound impact of Martha Nussbaums philosophical writings on law and legal scholarship. The capabilities approach that she has largely authored has influenced the approach scholars take to the law of disabilities, both in the United States and in Canada, as well as to international human rights and to domestic private laws protections of vulnerable populations. Her analyses of the relationship between our emotions and our thought and action has triggered a re-assessment of the legal regulation and recognition of emotion in a range of fields, most particularly in the field of criminal law; and her writing on the nature of dignity has informed an understanding of the emerging civil rights of gay and lesbian citizens worldwide. Our appreciation of the role of narrative in legal thought and discourse and the contributions of literature to law and legal culture, have also been broadened and deepened by her contributions. Taken together, and including the introduction by the editor, the essays collected in this volume demonstrate the far-reaching impact of Nussbaums philosophical oeuvre.


Author : William Lucy
Publisher : Oxford University Press, USA
Release : 2007
Page : 444
Category : Law
ISBN 13 : 0198700687
Description :


On what basis does tort law hold us responsible to those who suffer as a result of our carelessness? Why, when we breach our contracts, should we make good the losses of those with whom we contracted? In what sense are our torts and our breaches of contract 'wrongs'? These two branches of private law have for centuries provided philosophers and jurists with grounds for puzzlement. This book provides an outline of, and intervention in, contemporary jurisprudential debates about the natureand foundation of liability in private law. After outlining the realm of the philosophy of private law, the book divides into two. Part I examines the various components of liability responsibility in private law, including the notions of basic responsibility, conduct, causation and wrongfulness. Part II considers arguments purporting to show that private law does and should embody a conception of either distributive or corrective justice or some combination of the two. Throughout the booka number of distinctions - between conceptual and normative argument, between jurisprudential 'theory' and private law 'practice', between legal obligation and moral obligation - are analyzed, the aim being to give students an informed grasp of both the limits and possibilities of the philosophy of private law.