This remarkable study places the modern development of equitable contract principles on a firm theoretical foundation. The text shows that the idea of the just and equitable contract has never been entirely absent from contract law, and that its persistence in various guises, albeit often in a covert manner, has in fact been the essential element in judicial enforcement of contracts since Roman times. In support of his thesis Professor DiMatteo plumbs the deepest currents of common law and civil law practice in every age, showing how the principles of justice formulated by Aristotle, Augustine, Aquinas, Kant, Hegel, Weber, and other influential thinkers have become manifest in such underlying equitable contract principles as "just price," unconscionability, and reasonableness. A classroom adoption price is available. Published under the Transnational Publishers imprint.

This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.

Clear and case-driven with incisive analysis; this is a seminal text fully modernized by a prize-winning author and scholar. Building on the classic work by Professor Sir JC Smith, Paul S Davies has fully updated this text for today's students, retaining the clarity, authority, and rigour for which the original was celebrated. This book offers an accessible, straightforward introduction to the basic principles of contract law; the chapters are concise, but detailed, and ideal for those studying this topic on an undergraduate course. Crucial issues surrounding cases are explored, along with the debates about the extent and reach of the law to offer a considered view of the doctrines as they stand. JC Smith's The Law of Contract provides you with: Full and integrated coverage of the latest developments including the Consumer Rights Act 2015 and the judgments on penalty clauses; Student-friendly features including: key points, end-of-chapter questions, further reading guidance, and a legal glossary. Book jacket.

A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.

Equity is a multi-faceted subject, an authentic crossroads of problems. The perspective of this study is, as a result, a mix of focuses, which includes: the philosophy of law, general legal theory, justice theory, the history of law, comparative law, legal dogma, etc. In this book, as in various earlier studies of the author, she uses the "three-dimensional" method, which facilitates a stratified focus in agreement with three levels: facts, norms, and values. The subject of equity has never been analysed as completely as in this work. It includes a dynamic study of the different types of equity throughout history and in the different legal systems; the concept, content, limits, functions and types of equity; the relationship between equity and related ideas, and equity in all the branches of the legal order.

A straightforward text for beginners on the law of contract in Hong Kong.

A considered balance of depth, detail, context, and critique, Directions books offer the most student-friendly guide to the subject; they empower students to evaluate the law, understand its practical application, and approach assessments with confidence.

Philosophical Foundations of Law, The Philosophical Foundations of Law series aims to develop work at the intersection of legal philosophy and doctrinal law. Volumes in the series gather leading philosophers and lawyers to present original work on the theoretical foundations of substantive areas of law, or central topics in legal philosophy. Together, the chapters provide a roadmap of current philosophical work in the field to lawyers and philosophers looking for high quality new work and provide a stimulus for further research by specialists in the area. Book jacket.

Provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions.