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The Ethics of Breach of Contract

by F. C. Sharp


International Journal of Ethics, Vol. 45, No. 1. (Oct., 1934), pp. 27-53.



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Contracts, Elites, and Traditions in the Making of Corporate Law

by Robert C. Clark

Columbia Law Review, Vol. 89, No. 7, Contractual Freedom in Corporate Law. (Nov., 1989), pp. 1703-1747.

The real motive of this Article is quite general: to explore the most

basic considerations arguing for and against major sources of rules.

But it takes an inductive approach. The first part describes some key

aspects of the recent debate about the choice between mandatory and

enabling rules in corporate law. Its purpose is to illustrate the troubled

dominance of one major model of the creation of norms-the contractual

model-in academic thinking. Later parts explore factors slighted

by users of this model, and in doing so introduce ideas that reach far

beyond the borders of business law.

Robert C. Clark

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Incomplete Contracts and Strategic Ambiguity

by B. Douglas Bernheim; Michael D. Whinston

The American Economic Review, Vol. 88, No. 4. (Sep., 1998), pp. 902-932.

Why are observed contracts so often incomplete in the sense /hat they leave

contracting parties' obligations vague or urzspecijied? Traditional answers to

this question invoke transaction costs or bounded rationality. In contrast, we

argue that such itlcnrnpleteness is often an e.rsential feature of a well-designed

contract. Specijically, once some aspectr of perfirmaace are ~mverijiable, it is

often optimal to leave other veriJi'alple aspects ~fperj%rmance unspecijed. We

explore the conditions under which this OCCIAKY, and investigafe the structure of optimal contracts when these conditions are sati.yfier'ed (,!EL, D23, D82, L14)

B. Douglas Bernheim and Michael D. Whinston

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Moral Hazard and Nonexclusive Contracts[size=+0]

by Alberto Bisin; Danilo Guaitoli

The RAND Journal of Economics, Vol. 35, No. 2. (Summer, 2004), pp. 306-328.

Westudy equilibriafor economies with hidden action in environments in which the agents ' contractualrelationships with competing financial intermediaries cannot be monitored (or are not contractible

upon). Wefully characterize equilibrium allocations and contracts for such economies,

as well as discuss their welfare properties. Depending on the parameters of the economy, either

the optimal action choice is not sustained in equilibrium or, if it is, agents necessarily enter into

multiple contractual relationships and intermediaries make positive profits, even underfree-entry

conditions. The mainfeatures and implications of these environments are consistent with several

stylized facts of marketsfor unsecured loans.

Alberto Bisin and Danilo Guaitoli

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A New Institutional Economics Approach to Contracts and Cooperatives

by Michael E. Sykuta; Michael L. Cook

American Journal of Agricultural Economics, Vol. 83, No. 5, Proceedings Issue. (Dec., 2001), pp. 1273-1279.

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TTC - Business Law: Contracts


Author: Frank B. Cross, The University of Texas at Austin, J.D., Harvard Law School
Publisher: The Teaching Company
File size: ~ 84 mb
File type: mp3 32 kbps, 22 KHz, mono


Your guide to contracts is Professor Frank B. Cross, Professor of Business Regulation at The University of Texas at Austin and a former attorney with the law firm of Kirkland & Ellis in Washington, DC.
The Academy of Legal Studies in Business honored Professor Cross as the nation's outstanding professor. The Business Week guide to M.B.A. programs has also recognized him as one of the nation's outstanding teachers.
Professor Cross is the author of more than 30 articles in journals of law, science, policy, and management. He has published four textbooks for business law classes, as well as several other academic books. Professor Cross serves on the editorial boards of four journals, including the American Business Journal.

When Has a Contract Been Made?
Lecture 1 explores the boundaries of contracts in law. It discusses the four main requirements that any contract must satisfy, and it discusses the Uniform Commercial Code of the United States, which incorporated common law about commercial contracts into state statutes.
Lectures 2 and 3 give greater detail about the main components of a contract.
One party makes an offer and the other accepts, refuses, or makes a counteroffer, but there are many possible slips in between. Which offers are binding? Lecture 2 examines the preliminary issues of offer and acceptance, including the ability of parties to negotiate, the definiteness of a contract's terms, and terms of acceptance.
In Lecture 3, we look at three more elements of a binding contract:

[li]What each party must give up for a contract to be made ("consideration") [/li][li]Whether and when those of a diminished capacity, such as children or the insane, can make contracts [/li][li]When a contract must be in writing. [/li]

When Is a Contract not Binding?
Lectures 4 and 5 consider the possible reasons for declaring contracts void or breached.
When does a mistake by either party or fraud by one of them invalidate a contract? When can a party successfully claim that an agreement was reached under duress? In Lecture 4, you get answers to these questions.
Lecture 5 reviews problems with the performance of a contract, including how much of a performance is required to consider a contract discharged, and other legal reasons for discharge. What conditions will excuse performance?


What can you do when the other side doesn't meet its obligations?
If a contract has been breached, how do the courts decide how much you are owed? Remedies for breaches of contract, and different methods for assessing the fair compensation in such cases, are considered in Lecture 6.


Special Cases: Third-Party and International Contracts The series concludes with discussions of two unique issues in contract law: third-party rights in contracts and international contracts.
Lecture 7 explains the categories of persons who are legally permitted to enforce agreements to which they are not original contracting parties. These might include beneficiaries of the contract or an assignee of a certain part of a contract. The key questions are these:

[li]When can rights under a contract be assigned to someone else? [/li][li]When can a contract that benefits you be enforced by you? [/li]

Lecture 8 discusses international contracts and the practical and legal complications arising from them. Simple translation is only the first problem, and there are hundreds of variations on rules among countries. We focus on issues raised by international agreements, letters of credit, and other commercial practices. A discussion of the United Nations Convention on the International Sale of Goods in contrast with U.S. law is included.

Course Lecture Titles

[li]1. Foundations of Contract [/li][li]2. Offer and Acceptance [/li][li]3. Consideration, Capacity, and Form [/li][li]4. Geniuneness and Discharge [/li][li]5. Performances and Discharge [/li][li]6. Remedies [/li][li]7. Third-Party Rights [/li][li]8. International Contracts [/li]

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Medical Legal Issues in Perinatal Medicine: Part I, An Issue of Clinics in Perinatology

By Isaac Blickstein, J. Chervanak, F. Chervanak

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Publisher: Saunders
Number Of Pages: 240
Publication Date: 2007-07-13
ISBN-10 / ASIN: 141604292X
ISBN-13 / EAN: 9781416042921
Binding: Hardcover

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Book Description:
This issue of Clinics in Perinatology will address medical legal issues involving teratogenesis, informed consent, prenatal diagnosis, obstetric ultrasound, multiple gestations, fetal monitoring, oxytocin use, mode of delivery, and neonatal medicine. The issue will also include an overview of the law of medical malpractice as well as a review of error reduction and quality assurance.

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Criminalization of Competition Law Enforcement: Economic And Legal Implications For The EU Member States By Katalin J. Cseres, Maarten-Pieter Schinkel, Floris O. W. Vogelaar Publisher:  Edward Elgar Publishing Number Of Pages:  356 Publication Date:  2006-11-06 ISBN-10 / ASIN:  1845426088 ISBN-13 / EAN:  9781845426088 Binding:  Hardcover Book Description: This timely book brings together contributions from prominent scholars and practitioners to the ongoing debate on the criminalization of competition law enforcement. Recognizing that existing remedies and sanctions may be insufficient to deter breaches of competition law, several EU Member States have followed the US example and introduced pecuniary penalties for executives, professional disqualification orders, and even jail sentences. Addressing issues such as unsolved legal puzzles, standard of proof, leniency programs and internal cartel stability, this book is a marker for future policy debate. With perspectives from an international cast of contributors, Criminalization of Competition Law Enforcement will be of great interest to academics and policy makers as well as students and practitioners in law. http://rapidshare.com/files/75819892/9781845426088-1845426088.rar file:///C:/Documents%20and%20Settings/Brian%20Lee/My%20Documents/My%20Pictures/1.jpg

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Introduction to Criminal Law

Author: Prof. Joshua Dressler, of Edwin M. Cooperman Institute, Ohio State University of Law
Publisher: West Publishing Company; 3rd edition (January 2001)
File size: ~ 410 mb
File type: mp3 VBR 112-128 kbps 41000 Hz stereo

Expert author provides an introduction to the definitions and elements of the various crimes and defenses, integrating both the common law and the Model Penal Code. Subjects covered include offenses against the person, habitation and occupancy, property, and other offenses. Reviews imputability, responsibility in general, limitations in criminal capacity, modifying circumstances, and special defenses.

[li]Introduction
[/li][li]Sources and Nature of Criminal Law
[/li][li]Theories of Punishment
[/li][li]Legality
[/li][li]Burden of Proof
[/li][li]Voluntary Act Requirement
[/li][li]Omissions
[/li][li]Social Harm
[/li][li]Mens Rea - In General
[/li][li]Mens Rea - Terms Defined
[/li][li]Specific vs. General Intent
[/li][li]Mistake of Fact
[/li][li]Mistake of Law
[/li][li]Causation
[/li][li]Justification vs. Excuse
[/li][li]Self-Defense
[/li][li]Battered Woman Self-Defense
[/li][li]Defense of Others
[/li][li]Defense of Property
[/li][li]Defense of Habitation [/li][li]Law Enforcement Defenses
[/li][li]Necessity
[/li][li]Duress
[/li][li]Intoxication
[/li][li]Insanity
[/li][li]Diminished Capacity
[/li][li]Homicide - Definition
[/li][li]Common Law Murder
[/li][li]Degress of Murder
[/li][li]Model Penal Code - Murder
[/li][li]Manslaughter (Common Law & Model Penal Code)
[/li][li]Rape
[/li][li]Larceny Defined
[/li][li]Larceny
[/li][li]Embezzlement
[/li][li]False Pretenses
[/li][li]Criminal Attempt
[/li][li]Criminal Attempt - Defenses
[/li][li]Solicitation
[/li][li]Conspiracy
[/li][li]Accomplice Liability [/li]

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The Elements Of Small Business: A Lay Person's Guide To The Financial Terms, Marketing Concepts and Legal Forms that Every Entrepreneur Needs (Taking Control)

By John Thaler

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Publisher:  Silver Lake Publishing
Number Of Pages:  368
Publication Date:  2005-02-28
ISBN-10 / ASIN:  1563437848
ISBN-13 / EAN:  9781563437847
Binding:  Paperback

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Book Description:
Another in the Silver Lake Publishers small business series: an essential resource for starting a business today--after the lessons of the dot.com recession. Most entrepreneurs already know their businesses well and have common sense what they need are fundamental, practical tools for creating successful systems within the business. This book shows them how including: * background discussion of business structures * legal forms for filing necessary paperwork * general advice for how to get started on the right footing * definitions of concepts, markets and market relationships * worksheets, standard letters, sample documents and other tools * a modular system for building the plans and reports that lenders and investors need

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Rights of Corporate Speech: Mobil Oil and the Legal Development of the Voice of Big Business (Law and Society: Recent Scholarship)

Summary:
Kerr analyzes how in the 1970s Mobil Oil made the The New York Times op-ed page the focus of its advocacy strategy to promote interests far beyond its immediate business objectives. Although other corporations produced advocacy messages, none spoke so regularly on so many issues of public policy as Mobil. Kerr shows how Mobil framed the corporate role in democratic processes as identical to that of the individual citizen. This was a radical assertion at the beginning of the seventies, but by the end of the decade Mobil's efforts were the ideological vanguard of an historic expansion of the right and practice of corporate speech.

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Handbook of International Trade: Economic and Legal Analyses of Trade Policy and Institutions (Blackwell Handbooks in Economics)

By: Eun Kwan Choi James Harrigan James Hartigan

ISBN: 1405120622
Publisher: Blackwell Publishing, Incorporated - 2004-12-01
Product Dimensions: 9.96 x 7.02 x 1.45 inches
FORMAT: PDF | 592 Pages
List Price: $152.95 (USD)


This second volume of the Handbook of International Trade focuses on the economic analysis of international laws and institutions as they impact trade. The text addresses central issues in international trade including labor; environmental rights; preferential trade agreements; antitrust policy; patent rights; antidumping; trade liberalization; and foreign direct investment.This handbook begins with a comprehensive introduction by the editors that addresses the cross-fertilization of the international law and international trade disciplines and places the chapters in a broader context. Designed to be accessible to readers with various interests and academic backgrounds, and supplemented with an extensive bibliography, the Handbook of International Trade, Volume II is an indispensable resource to students and scholars alike.

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Promises, Morals, and Law

By P. S. Atiyah

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Publisher: Oxford University Press, USA
Number Of Pages: 226
Publication Date: 1983-03-24
ISBN-10 / ASIN: 0198254792
ISBN-13 / EAN: 9780198254799
Binding: Paperback

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Just Exchange: A Theory of Contract (The Economics of Legal Relationships)

By Frank Buckley

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Publisher: Routledge
Number Of Pages: 256
Publication Date: 2004-12-23
ISBN-10 / ASIN: 0415700272
ISBN-13 / EAN: 9780415700276
Binding: Paperback

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Book Description:
F. H. Buckley's new book fills a prominent hole in the literature, explaining economic terms and jargon with welcome clarity and examining the moral basis of free contracting, as well as those cases where bargaining rights might reasonably be restricted. Along the way the book examines several philosophical puzzles, such as allegiance requirements, paternalism and fairness constraints. Buckley approaches fundamental issues of contract law from an economic perspective, though the book is far from being overly technical and will appeal equally to economists, philosophers and law students. This is a welcome addition to the literature on law and economics.

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Cadaver Dog Handbook: Forensic Training and Tactics for the Recovery of Human Remains

By Andrew Rebmann, Edward David

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Publisher: CRC
Number Of Pages: 232
Publication Date: 2000-08-29
ISBN-10 / ASIN: 0849318866
ISBN-13 / EAN: 9780849318863
Binding: Hardcover

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Product Description:

Intended for those who train and handle cadaver dogs, this book also encompasses information for those who work closely with them, such as police, death investigators, and anthropologists. Its interdisciplinary approach is useful to any member of a forensic team who regularly participates in or evaluates the results of the human remains search effort. Cadaver Dog Handbook sets out the principles and procedures for the training and handling of dogs for the location of human remains. It explains scent theory and its applications, introduces basic training and searching strategies/tactics, and covers the legal and taphonomic issues associated with dog searches. Intended for those who train and handle cadaver dogs, this book also encompasses information for those who work closely with them, such as police, death investigators, and anthropologists. Its interdisciplinary approach is useful to any member of a forensic team who regularly participates in or evaluates the results of the human remains search effort.

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EU Digital Copyright Law and the End-User

By Giuseppe Mazziotti

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Publisher: Springer
Number Of Pages: 374
Publication Date: 2008-03
ISBN-10 / ASIN: 3540759840
ISBN-13 / EAN: 9783540759843
Binding: Hardcover

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Product Description:

To what extent is the user of a copyrighted digital work entitled to make a copy for personal use of the work without the copyright holder’s consent? Are file-sharers shielded from copyright liability under the exception of private copying when they download music files from peer-to-peer networks for free? May Digital Rights Management (DRM) technologies solve the digital copyright dilemma and become “user-friendly”?
These are some of the questions that this book considers in its thorough exploration of the legal framework of EU digital copyright law from the perspective of the ‘end-user’. It provides a detailed examination of the implications that the spectacular rise of this new actor creates for the interplay between the EU copyright system and human rights law, competition law and other important policies contained in the EC Treaty.
This book is the first comprehensive, critical analysis of its kind. It is crucial reading for lawyers, policymakers and academics interested in copyright law, competition law covering digital media and information technology, consumer digital rights, Internet governance, freedom of expression and user data protection in digital settings.


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Beyond Dogmatics: Law and Society in the Roman World (Edinburgh Studies in Law)

By John W. Cairns, Paul J. du Plessis

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Publisher: Edinburgh University Press
Number Of Pages: 208
Publication Date: 2007-05-15
ISBN-10 / ASIN: 0748627936
ISBN-13 / EAN: 9780748627936
Binding: Hardcover

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Book Description:

This book is an important contribution to the current lively debate about the relationship between law and society in the Roman world. This debate, which was initiated by the work of John Crook in the 1960's, has had a profound impact upon the study of law and history and has created sharply divided opinions on the extent to which law may be said to be a product of the society that created it. This work is a modest attempt to provide a balanced assessment of the various points of view. The chapters within this book have been specifically arranged to represent the debate. It contains an introductory chapter by Alan Watson, whose views on the relationship between law and society have caused some controversy. In the remaining chapters a distinguished international group of scholars address this debate by focusing on studies of law and empire, codes and codification, death and economics, commerce and procedure. This book does not purport to provide a complete survey of Roman private law in light of Roman society. Its primary aim is to address specific areas of the law with a view to contributing to the larger debate.


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The Philosophy of Law and Legal Theory (Blackwell Philosophy Guides)

By Martin Golding, William Edmundson

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Publisher: Blackwell Publishing, Incorporated
Number Of Pages: 368
Publication Date: 2004-11-01
ISBN-10 / ASIN: 0631228314
ISBN-13 / EAN: 9780631228318
Binding: Hardcover

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Book Description:

Written by an international assembly of distinguished philosophers and legal theorists, The Blackwell Guide to the Philosophy of Law and Legal Theory brings into focus the central contemporary themes and issues in the area. Each of the 23 essays incorporates essential background material and advances key arguments. Topics include legal positivism, natural law theory, critical legal theory, American Legal Realism, feminist legal theory, criminal law, contract law, tort law, evidence, obligation, theories of rights, punishment, legal reasoning, objectivity, theories of law, continental perspectives on law, and many others.


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Oxford Dictionary of Law


by Elizabeth A. Martin


Oxford University Press, USA (July 20, 2006) | ISBN: 019280698X | 608 pages | PDF | 3,9 Mb

This fully up-to-date edition takes account of recent changes in UK legislation. It is a handy desk reference for lawyers and an ideal source of legal terminology for students and secretaries in any country where the legal system is based on English law. It provides clear, jargon-free information for professionals, students, and people without a legal qualification. It contains over 4,000 entries that define and explain the major terms, concepts, processes, and the organization of the English legal system. It features authoritative and up-to-date articles which have been written by practising and academic lawyers. New entries cover the Woolf reforms, human rights law, as well as family law, central and local government, and international law. This work was described by leading university lecturers as being ' the best law dictionary at present' and 'excellent for non law students as well as Law undergraduates'.


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Early Greek Law By Michael Gagarin Publisher: University of California Press Number Of Pages: 180 Publication Date: 1989-04-27 ISBN-10 / ASIN: 0520066022 ISBN-13 / EAN: 9780520066021 Binding: Paperback Product Description: Drawing on the evidence of anthropology as well as ancient literature and inscriptions, Gagarin examines the emergence of law in Greece from the 8th through the 6th centuries B.C., that is, from the oral culture of Homer and Hesiod to the written enactment of codes of law in most major cities. http://mihd.net/eg4xa1b/ file:///C:/Documents%20and%20Settings/libz/My%20Documents/My%20Pictures/1.jpg