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The Death Of Contract
''The Death of Contract'' is a book by American law professor Grant Gilmore, written in 1974, about the history and development of the common law of contracts. Gilmore's central thesis was that the Law of Contracts, at least as it existed in the 20th-century United States was largely artificial: it was the work of a handful of scholars and judges building a system, rather than a more organic, historically rooted development based on the evolution of case law. This book is required supplemental reading in the first year program at many U.S. law schools. A second edition was published in 1995, which was edited with a new introduction by Ronald K.L. Collins. Chapter 1. Origin Gilmore begins the introduction forcefully, stating "We are told that Contract, like God, is dead. And so it is." Gilmore then brings us through the life of Contract, from birth to death. He notes that courts had been deciding contract law for centuries before the theory of contracts was introduced by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grant Gilmore
Grant Gilmore (1910 – 1982) was an American law professor who taught at Yale Law School, the University of Chicago Law School, the College of Law (now Moritz College of Law) at the Ohio State University, and Vermont Law School. He was a scholar of commercial law and one of the principal drafters of the Uniform Commercial Code. Gilmore attended Boston Latin School and then went on to Yale University, where he earned a PhD in Romance languages. Prior to his career in law, he taught French at Yale University. He authored a number of books on various areas of commercial law, including secured transactions, admiralty law, and contract law, and also drafted Article Nine of the Uniform Commercial Code. Perhaps his most famous work is his survey and criticism of contract law, '' The Death of Contract''. Gilmore is also known for his quote:Law reflects, but in no sense determines the moral worth of a society…. The better the society, the less law there will be. In Heaven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sir Frederick Pollock, 3rd Baronet
Sir Frederick Pollock, 3rd Baronet PC, FBA (10 December 1845 – 18 January 1937) was an English jurist best known for his ''History of English Law before the Time of Edward I'', written with F.W. Maitland, and his lifelong correspondence with US Supreme Court Justice Oliver Wendell Holmes. He was a Cambridge Apostle. Life Pollock was the eldest son of William Frederick Pollock, Master of the Court of Exchequer, and Juliet Creed, daughter of the Rev, Harry Creed. He was the grandson of Sir Frederick Pollock, 1st Baronet, Lord Chief Baron of the Exchequer, the great-nephew of Field Marshal Sir George Pollock, 1st Baronet, and the first cousin of Ernest Pollock, 1st Viscount Hanworth, Master of the Rolls. He was educated at Eton College, where he was a King's Scholar, and Trinity College, Cambridge, where he was elected Fellow in 1868 (later Honorable Fellow in 1920).''For My Grandson'' (1933) John Murray, Note B: ''Personal Dates'' In 1871 he was admitted to the Bar. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hawkes V Saunders
Hawkes is a surname. Notable people with the surname include: * Albert W. Hawkes (1878–1971), Senator from New Jersey * Aristazabal Hawkes, member of the band, Guillemots * Brady Hawkes, fictional character played by Kenny Rogers in ''The Gambler'', TV movie series * Brent Hawkes (1950), Canadian clergyman and gay rights activist * Christopher Hawkes (1905–1992), English archaeologist * Chesney Hawkes (1971), English musician and actor * David Hawkes (other), multiple people including: ** David Hawkes (scholar) (1923–2009), British sinologist * George Wright Hawkes (1821–1908), lay Anglican churchman in Adelaide, South Australia * Graham Hawkes (1947), submarine engineer and entrepreneur * Greg Hawkes (1952), keyboardist for The Cars * Howard Hawkes (1894–1970), American football coach * J. H. M. Hawkes (1851–1944), businessman of Adelaide, South Australia * Jacquetta Hawkes (1910–1996), British archaeologist * James S. Hawkes (1856–1919), Australian acc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Mansfield
William Murray, 1st Earl of Mansfield, PC, SL (2 March 170520 March 1793) was a British barrister, politician and judge noted for his reform of English law. Born to Scottish nobility, he was educated in Perth, Scotland, before moving to London at the age of 13 to take up a place at Westminster School. He was accepted into Christ Church, Oxford, in May 1723, and graduated four years later. Returning to London from Oxford, he was called to the Bar by Lincoln's Inn on 23 November 1730, and quickly gained a reputation as an excellent barrister. He became involved in politics in 1742, beginning with his election as a Member of Parliament for Boroughbridge, now in North Yorkshire, and appointment as Solicitor General. In the absence of a strong Attorney General, he became the main spokesman for the government in the House of Commons, and was noted for his "great powers of eloquence" and described as "beyond comparison the best speaker" in the House of Commons. With the promotion o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Common Law (Holmes)
''The Common Law'' is a book that was written by Oliver Wendell Holmes Jr. in 1881, 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. It has gone out of copyright and is available in full on the web at Project Gutenberg. One of the most famous aphorisms to be drawn from this book occurs on the first page: "The life of the law has not been logic: it has been experience." Holmes's pronouncement is a subtle qualification of a dictum by the famous seventeenth-century English jurist Sir Edward Coke ''Sir'' is a formal honorific address in English for men, derived from Sire in the High Middle Ages. Both are derived from the old French "Sieur" (Lord), brought to England by the French-speaking Normans, and which now exist in French only as ...: "Reason is the life of the law."E Coke, ''Commentary Upon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Williston
Samuel Williston (September 24, 1861 – February 18, 1963) was an American lawyer and law professor who authored an influential treatise on contracts. Early life, education and family Williston was born in Cambridge, Massachusetts to a family prosperous from the mercantile trade but whose fortunes declined during his youth, which he recalled, "served as a spur to endeavor." He was graduated from Harvard College in 1882 and worked for three years as a survey assistant for a railroad and teaching at a boarding school. An aunt's bequest enabled him to enroll in Harvard Law School, where he thrived. He was an editor of the first volume of the ''Harvard Law Review'', and in 1888 he graduated first in his class with LL.B. and M.A. degrees. On September 12, 1889, he married Mary Fairlie Wellman. They had two daughters: Dorothea Lewis Williston (Mrs. Murray F. Hall), and Margaret Fairlie Williston (Mrs. Chester B. McLaughlin, Jr.). His wife died in 1929. Legal career Early ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oliver Wendell Holmes, Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist and legal scholar who served as an associate justice of the Supreme Court of the United States from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. He is one of the most widely cited U.S. Supreme Court justices and most influential American common law judges in history, noted for his long service, pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the court at the age of 90, an unbeaten record for oldest justice on the Supreme Court.John Paul Stevens was only 8 months younger when he retired on April 12, 2010. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alm ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Casebook
A casebook is a type of textbook used primarily by students in law schools.Wayne L. Anderson and Marilyn J. Headrick, The Legal Profession: Is it for you?' (Cincinnati: Thomson Executive Press, 1996), 83. Rather than simply laying out the legal doctrine in a particular area of study, a casebook contains excerpts from legal cases in which the law of that area was applied. It is then up to the student to analyze the language of the case in order to determine what rule was applied and how the court applied it. Casebooks sometimes also contain excerpts from law review articles and legal treatises, historical notes, editorial commentary, and other related materials to provide background for the cases. The teaching style based on casebooks is known as the casebook method and is supposed to instill in law students how to "think like a lawyer." The casebook method is most often used in law schools in countries with common law legal systems, where case law is a major source of law. Most ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sales
Sales are activities related to selling or the number of goods sold in a given targeted time period. The delivery of a service for a cost is also considered a sale. The seller, or the provider of the goods or services, completes a sale in response to an acquisition, appropriation, requisition, or a direct interaction with the ''buyer'' at the point of sale. There is a passing of title (property or ownership) of the item, and the settlement of a price, in which agreement is reached on a price for which transfer of ownership of the item will occur. The ''seller'', not the purchaser, typically executes the sale and it may be completed prior to the obligation of payment. In the case of indirect interaction, a person who sells goods or service on behalf of the owner is known as a salesman or saleswoman or salesperson, but this often refers to someone selling goods in a store/shop, in which case other terms are also common, including '' salesclerk'', ''shop assistant'', and ''r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Negotiable Instruments
A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings depending on the use of the term as it is used in the application of different laws, and depending in which country and context it is used. Concept of negotiability William Searle Holdsworth defines the concept of negotiability as follows: #Negotiable instruments are transferable under the following circumstances: they are transferable by delivery where they are made payable to the bearer, they are transferable by delivery and endorsement where they are made payable to order. # Consideration is presumed. #The transferee acquires a good title, even though the transferor had a defective or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
