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The Rise And Fall Of Freedom Of Contract
''The Rise and Fall of Freedom of Contract'' (1979) is a legal-historical text on the changes in the concept of freedom of contract by English Professor Patrick Atiyah. It was published by the Oxford University Press, and a paperback edition was released in 1985. Summary The central theme is that the notion of a contract based on consent (or a "meeting of minds") was almost entirely absent before 1800 in the law. Instead it was based on reliance or the receipt of a benefit. You could revoke a promise, and the concept of an executory contract was unknown. Moreover, courts were more concerned with the fairness of an exchange, and not concerned merely to uphold promises or the parties' will. Damages reflected that, only being for the value of exchange, not the loss of a bargain. Then, after 1800, the concept of contractual freedom "rose". Promises and the "intentions" of parties "became the paradigm of contract theory". Atiyah argues that it began with the notion of freedom of prope ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Contract
Freedom of contract is the process in which individuals and groups form contracts without government restrictions. This is opposed to government regulations such as minimum-wage laws, competition laws, economic sanctions, restrictions on price fixing, or restrictions on contracting with undocumented workers. The freedom to contract is the underpinning of ''laissez-faire'' economics and is a cornerstone of free-market libertarianism. The proponents of the concept believe that through "freedom of contract", individuals possess a general freedom to choose with whom to contract, whether to contract or not, and on which terms to contract. History Henry James Sumner Maine proposed that social structures evolve from roles derived from social status to those based on contractual freedom. A status system establishes obligations and relationships by birth, but a contract presumes that the individuals are free and equal. Modern libertarianism, such as that advanced by Robert Nozick, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patrick Atiyah
Patrick Selim Atiyah, (5 March 1931 – 30 March 2018) was an English lawyer and academic. He was best known for his work as a common lawyer, particularly in the law of contract and for advocating reformation or abolition of the law of tort. He was made a Fellow of the British Academy in 1979. Biography Patrick Selim Atiyah was born on 5 March 1931. He was a son of the Lebanese writer Edward Atiyah and his Scottish wife Jean. The mathematician Sir Michael Atiyah was his brother. As a child, Patrick lived in Sudan and Egypt. The family moved to England in 1945. Patrick attended primary school at Woking County Grammar School for Boys and went on to read law at Magdalen College, Oxford. Atiyah was professor of law at the Australian National University (1970–1973), at the University of Warwick (1973–1977) and professor of English law at the University of Oxford (1977–1988). He also was visiting Professor of Law at Harvard Law School (1982-1983). He died on 30 March 2018 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Meeting Of Minds
''Meeting of Minds'' is a television series, created by Steve Allen, which aired on PBS from 1977 to 1981. The show featured guests who played significant roles in world history. Guests would interact with each other and host Steve Allen, discussing philosophy, religion, history, science, and many other topics. Origin Steve Allen originally created the concept for ''Meeting of Minds'' in the late 1950s. He intended to broadcast it as a segment of his weekly ''The Steve Allen Show'' television program but the show's sponsor, The Chrysler Corporation, raised objections and the segment plans were cancelled. Five years later, however, Allen and an acting troupe finally performed the segment on Allen's nightly Westinghouse show. Then, in 1971, Allen attempted to revive the concept as part of a syndicated talk series. The first episode was a critical success, and the program won three local Emmy awards. Allen then personally financed the development of six additional one-hour pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executory Contract
An executory contract is a contract that has not yet been fully performed or fully executed. It is a contract in which both sides still have important performance remaining. However, an obligation to pay money, even if such obligation is material, does not usually make a contract executory. An obligation is material if a breach of contract would result from the failure to satisfy the obligation. A contract that has been fully performed by one party but not by the other party is not an executory contract. See, generally, Countryman, Vern, "Executory Contracts in Bankruptcy: Part I" (1973). Minnesota Law Review. 2459. https://scholarship.law.umn.edu/mlr/2459 and "Executory Contracts in Bankruptcy: Part II" (1974). Minnesota Law Review. 2460.https://scholarship.law.umn.edu/mlr/2460. In US bankruptcy law In US bankruptcy law, "executory contract" assumes a special meaning, a contract in which continuing obligations exist ''on both sides'' of the contract at the time of the bankruptcy pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Theory
From a legal point of view, a contract is an institutional arrangement for the way in which resources flow, which defines the various relationships between the parties to a transaction or limits the rights and obligations of the parties. From an economic perspective, contract theory studies how economic actors can and do construct contractual arrangements, generally in the presence of information asymmetry. Because of its connections with both agency and incentives, contract theory is often categorized within a field known as law and economics. One prominent application of it is the design of optimal schemes of managerial compensation. In the field of economics, the first formal treatment of this topic was given by Kenneth Arrow in the 1960s. In 2016, Oliver Hart and Bengt R. Holmström both received the Nobel Memorial Prize in Economic Sciences for their work on contract theory, covering many topics from CEO pay to privatizations. Holmström (MIT) focused more on the connectio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 part of "Monsieur", with the equivalent "My Lord" in English. Traditionally, as governed by law and custom, Sir is used for men titled as knights, often as members of orders of chivalry, as well as later applied to baronets and other offices. As the female equivalent for knighthood is damehood, the female equivalent term is typically Dame. The wife of a knight or baronet tends to be addressed as Lady, although a few exceptions and interchanges of these uses exist. Additionally, since the late modern period, Sir has been used as a respectful way to address a man of superior social status or military rank. Equivalent terms of address for women are Madam (shortened to Ma'am), in addition to social honorifics such as Mrs, Ms or Miss. Etymo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Semayne's Case
''Semayne's Case'' (January 1, 1604) 5 Coke Rep. 91, is an English common law case reported by Sir Edward Coke, who was then the Attorney General of England. In the United States, it is recognized as establishing the "knock-and-announce" rule. Facts Richard Gresham and George Berisford were joint tenants of a house in Blackfriars, London. Berisford died while in debt to Peter Semayne. Semayne then secured a civil writ of attachment on Berisford's goods, which were located inside the house. After the Sheriff of London was denied entry by Gresham, the sheriff offered to break and enter into the house. Instead, Semayne sued, bringing an action on the case against Gresham for his losses. Initially, the court could not reach a decision, with Lord Chief Justice John Popham and Lord Justice Francis Gawdy believing the sheriff could break and enter, while Lord Justices Edward Fenner and Christopher Yelverton insisting he could not. After the English coronation of King James VI and I ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Atiyah's Accidents, Compensation And The Law
''Atiyah's Accidents, Compensation and the Law'' (2006) is a legal text, which marked the first of Cambridge University Press's "Law in Context" series. It was originally authored by English legal scholar, Patrick Atiyah in 1970 and has been taken over by Professor Peter Cane since the 4th edition in 1987. The thrust of the book is that the law of tort should be abolished, especially as relates to the law on personal injuries, and should be replaced with a no fault state compensation system. Its arguments are in tune with the establishment in the 1970s of such a system in New Zealand, with the Accident Compensation Commission. After handing over the book, Atiyah changed his mind, and wrote '' The Damages Lottery'' (1997) where instead of a state run system, he advocated abolition of tort and that people should buy personal safety insurance. Professor Cane, however has kept ''Atiyah's Accidents'' in line with the title's original thesis. Criticism of the fault principle One of th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Cane (lawyer)
Peter Kane (28 February 1918 – 23 July 1991) was an English flyweight boxer and a world champion in the 1930s. Kane was born in Heywood, Lancashire, on 28 February 1918, but grew up in the town of Golborne, Lancashire, after his family moved there before his first birthday. In Golborne Peter Kane Square is named in his honour. ''Geograph.org''. Boxing style He was a two-fisted fighter, renowned for his punching power. Fifty-three of his eighty-eight wins were by knockout.Professional career He made his professional debut in December 1934, at the age of sixteen. He fought and beat Joe Jacobs in , where he was to have many of his fights. The fight was stopped in the fifth. He ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Just Price
The just price is a theory of ethics in economics that attempts to set standards of fairness in transactions. With intellectual roots in ancient Greek philosophy, it was advanced by Thomas Aquinas based on an argument against usury, which in his time referred to the making of any rate of interest on loans. It gave rise to the contractual principle of '' laesio enormis''. Unjust price: a kind of fraud The argument against usury was that the lender was receiving income for nothing, since nothing was actually lent, rather the money was exchanged. And, a dollar can only be fairly exchanged for a dollar, so asking for more is unfair. Aquinas later expanded his argument to oppose any unfair earnings made in trade, basing the argument on the Golden Rule. The Christian should "do unto others as you would have them do unto you", meaning he should trade value for value. Aquinas believed that it was specifically immoral to raise prices because a particular buyer had an urgent need for what ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
JH Baker
Sir John Hamilton Baker, KC, LLD, FBA, FRHistS (born 10 April 1944) is an English legal historian. He was Downing Professor of the Laws of England at the University of Cambridge from 1998 to 2011. Biography Baker was born in Sheffield, the son of Kenneth Lee Vincent and Marjorie Baker (''née'' Bagshaw). He was educated at King Edward VI Grammar School, Chelmsford, and University College London (LLB, PhD). He was called to the Bar at the Inner Temple in 1966 and was elected an Honorary Bencher in 1988. His first academic post was as an Assistant Lecturer in Law at University College London, in 1965. In 1967 he was promoted to Lecturer, and in 1971 moved to the University of Cambridge. There he was Librarian of the Squire Law Library until 1973, and became a Fellow of St Catharine's College. His rooms were above the Sherlock Library until his retirement. In 1973 Baker became a lecturer in Law at University of Cambridge. He was appointed Reader in English Legal History at th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Modern Law Review
The ''Modern Law Review'' is a peer-reviewed academic journal published by John Wiley & Sons on behalf of Modern Law Review Ltd. and which has traditionally maintained close academic ties with the Law Department of the London School of Economics. The ''Modern Law Review'' has been identified as the "pre-eminent United Kingdom law journal" in a ranking based on statistical data from the 2001 Research Assessment Exercise, and has been placed in the highest tier (A*) by the 2019 Israeli Inter-University Committee Report. The journal is a general law review that publishes original articles relating to common law jurisdictions and the law of the European Union. In addition, the journal contains sections devoted to recent legislation and reports, to case analysis, to review articles, and to book reviews. The current editor-in-chief (General Editor) is David Kershaw. Previous editors included Lord Chorley, Lord Wedderburn, Hugh Collins, and Julia Black. The contents of the first 59 vo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
