Principle And Policy In Contract Law
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Principle and Policy in Contract Law
Author: Stephen Waddams
language: en
Publisher: Cambridge University Press
Release Date: 2011-08-18
Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.
Principles of Contract Law
Author: Jeannie Marie Paterson
language: en
Publisher: Lawbook Company
Release Date: 2008-01-01
PRINCIPLES OF CONTRACT LAW, 3rd Edition remains a leading text for students of contract law. The new edition has been significantly revised in light of recent developments, particularly in relation to the nature of contract and misleading and deceptive conduct. Also included is further analysis of the issues in electronic contracts; examination of the new developments in the award of damages for rectification; and discussion of new case law on the prohibition of unfair contract terms. PRINCIPLES OF CONTRACT LAW, 3rd Edition, together with its companion text, CONTRACT: CASES AND MATERIALS, 11th Edition present a truly Australian perspective and are an indispensable resource for students of contract law. Appendix: The Trade Practices Act 1974 (Cth).
Principle and Policy in Contract Law
"Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other"--