This chapter responds to leading arguments about contract remedies, including the theory of efficient breach, contract interpretation, rules of disclosure (or permitting nondisclosure), consideration, and other topics in contract law. It shows how little progress the law-and-economics movement has made in understanding most areas of contract law, despite the obvious connections between contracts and economics.

Summary: Amidst high default rates, how did moneylenders recover unpaid loans? They had two options. One was to recover loans informally through private negotiations with borrowers. The other was to execute written contracts and revert to courts to enforce these contracts. This chapter analyses the history of courts as well as land laws, contract laws and credit surveys to examine the costs incurred by lenders to enforce different types of contracts in the unregulated market. Judicial proceedings were expensive in colonial India and often exceeded the size of loans. The chapter records a loan upgrading process in which lenders attached different types of contracts depending on the stage of default and reimbursed the costs of enforcing these contracts by charging higher interest rates. For small loans in high-risk areas, enforcement was through private negotiations and conditions harsh. These findings suggest an inverse relationship between transaction costs and equity in credit markets.

In most modern, wealthy societies, businessmen and women exploit the advantages that the formal legal process can afford. When transacting across the market, they draft contracts that detail contingencies and specify terms that courts will enforce. When cross-market transactions grow too expensive, they integrate vertically. Using the formal legal process, they combine the contracting parties into one unit.

Chapter five demonstrates how the ambition to preserve the past in song and stone leads to the hope of securing a stable sense of the future in the poetry of Pindar and the tragedies of Aeschylus. Here we see how the mere image of writing becomes a vehicle in epinician and tragic poetry not only for imagining systems of memorialization and justice, but also for questioning the systems thus imagined.

Over the last ten years, implicit consent has become one of the major points of contention in the debate about the propriety of class, mass and collective arbitration. The notion of implicit consent is critical to the development of large-scale arbitral proceedings because it allows multiple disputes to be heard at a single time, in a single forum, even if the relevant arbitration agreements are silent regarding the possibility of joint action by the claimants. The issue arises in the context of both international commercial arbitration and investment arbitration.

The divisive nature of the debate suggests that the controversy about implicit consent will continue so long as the discussion continues to be framed in its present terms. However, it may be possible to advance the conversation by expanding the nature of the analysis. Rather than focusing on implicit consent as a matter of treaty or contract interpretation, it might be beneficial to consider implicit consent from a systemic rather than individual perspective. This chapter therefore applies a dispute system design (DSD) analysis to the question of implicit consent. In particular, this discussion considers whether and to what extent the concept of ""regulatory litigation"" (defined herein as including both judicial and arbitral procedures) can be used to justify use of implicit consent as a means of addressing unanticipated risk, including unanticipated procedural risk.

The discussion proceeds as follows. First, Section II considers how regulatory litigation operates and why an analytical framework based on unanticipated risk might be necessary or useful in the context of large-scale arbitration. Section III then describes what constitutes unanticipated risk in disputes involving class, mass and collective injuries and how those issues affect dispute system design in international commercial and investment settings. Section IV addresses some of the criticisms of implicit consent and regulatory litigation by considering the nature of class, mass and collective claims, while Section V considers how implicit consent and regulatory litigation operate to overcome some of the special problems associated with transnational regulatory disputes. Section VI concludes the chapter with a number of forward-looking observations.

This chapter explores two key concepts in contract law. First, it identifies the parties to a contract and the rules that help in that process. In particular, the doctrines of privity and agency, which assist with determining who incurs rights and obligations under a contract, are discussed. Second, the chapter considers the terms of a contract, including how to identify, incorporate and interpret them. Specific attention is paid to the various types of contract terms and how they should be interpreted.

In an ideal world, people who enter into contracts would choose to enter the contract, and agree to its terms, because they have accurate and comprehensive information on which to base their decision. This chapter will first explain when a contract may be invalid, because one or both parties entered into the contract under some sort of misapprehension, or on the basis of misinformation. We will look at mistake (mutual mistake, unilateral mistake and common mistake) and misrepresentation. We will also briefly explain the old action ‘non est factum’ (‘not my deed’) and the remedy of rectification. Second, the chapter will explore when a contract may be invalid because of ‘unfair’ conduct by one of the parties – for example, where one party (Party A) enters an agreement because another party (Party B) subjected A to undue pressure (duress or undue influence); or because the conduct of B is so ‘unconscientious’ or the contract is able to be set aside in equity for unconscionable conduct.

This chapter focuses on what occurs when a contract is performed and brought to an end. It discusses the rules regarding performance, termination, and the resulting remedies available in the event of a breach of contract. The concepts covered in this chapter are of vital importance to contracting parties. For instance, parties may wish to know how to fulfil their contractual obligations in order to bring a contract to a natural end. Conversely, they may want to know how to get out of a contract altogether, potentially ending it early, resulting in a breach. Assessing the various remedies that are available in the event of a breach of contract will therefore assist parties in shaping their interactions with one another, as well as protect them where they are the subject of a breach.

In our day-to-day living, we make contracts all the time, whether or not we realise we are doing so. The simple act of buying a new book, purchasing a cup of coffee, or requesting an Uber ride each requires the formation of a contractual agreement. Whenever you buy something or agree to pay money for a service, you are making a contract, whether you sign a written agreement or not. This chapter provides an overview of how contracts are formed in Australia. A contract, generally speaking, is a legally enforceable agreement on a set of promises. The chapter begins by explaining the importance of entering into contractual relationships for individuals and businesses alike. Australia’s sources of contract law are identified. The chapter then examines each of the key elements required in order for a valid and binding contract to be formed. Next, it considers the equitable doctrine of promissory estoppel, which operates to protect parties in the event that one or more of the requisite elements of formation of a contract is missing. Finally, the chapter examines the impact of technology on the formation of contracts.

The purpose of orders of specific performance of a contract and of injunctions is to compel the performance of legal obligations. Many, though not all, of the considerations relevant to an order granting specific performance of a contract are also germane to the award of an injunction. Matters such as inadequacy of damages, hardship and the ability of a court to supervise the execution of its own orders are relevant to both remedies (see textbook chapter 3). Underlying the principles governing these orders are policy questions relating to the nature and limits of judicial coercion to which monetary remedies, such as damages, do not usually give rise. These questions include: to what extent can private law (as opposed to the criminal law) restrict individual freedom, including a person’s freedom to select his or her employment; can a court compel parties whose commercial relationship has broken down to cooperate with each other; and what are the limits of a court’s power to prevent wrongdoing, for example where the wrong is likely to occur outside a court’s jurisdiction but will cause damage within its jurisdiction?

Critics of commercial country music say that the music is homogenous, cliché, and that the so-called bro-country subgenre has taken over. This chapter uses interviews with hit songwriters in Nashville to examine the social and structural factors that influence the way songwriters practice their craft. One such factor, the “360 deal,” is a type of recording contract introduced as a way for record labels to recoup some of the revenue lost with the decline of recorded music sales. Though these contracts are legal agreements between artists and their labels, they have entirely restructured the careers of professional songwriters and the music that they create. This analysis of country music in the twenty-first century is based on a deep understanding of the occupational arrangements that underlie the creation of songs to argue for understanding the structures that shape the songwriting community as critical to the formation of country songs.

For Pufendorf, pacts are the means by which humanity creates the institutions that separate them from the state of nature, in keeping with the natural law command to cultivate society. By pacting people impose new obligations on themselves in addition to those that exist by the law of nature, creating strict rights and duties that enable peace and social cooperation. Analyzing explicit, tacit and implicit pacts Pufendorf considers what counts as signs expressing intention. Language is the original social institution that is logically prior to the agreements about other adventitious states. The language pact curtails the natural liberty to use the faculty of speech as one pleases and gives others the right to require that signs are used in accordance with the communicative duty. There is an analogy with the creation of property, which, similarly, is not a natural quality of things but a moral entity imposed by to overcome conflicting claims upon a world that is naturally common. The last section of the chapter deals with foundations of the price or value of things, the introduction of money, and the interpretation of pacts.

The title of this chapter may look like a grab bag of remedies, but this is not the case. Specific performance and injunctions are equitable remedies. The remedy of equitable damages is a creature of statute available either in lieu of or in addition to the equitable remedies of specific performance and injunction. Thus, the three remedies are closely related. They will be discussed in turn.

As an aspiring mental health clinician have you ever wondered about entering private practice, how to decide if private practice is for you, if you should start your own practice or join a group practice, what specific education and training will help prepare you to enter private practice, and what you need to know and do to be successful in private practice? If so, this chapter will provide you with all this information and much more. Readers will learn business aspects of practice to include establishing and running a successful private practice, legal and tax issues, hiring and managing staff members, selecting a niche area of practice to specialize in, marketing your practice (with sample letters provided for your use), expert consultants to utilize to help ensure your success, and common pitfalls to avoid. Additionally, numerous resources are provided that will be of use to any private practitioner.

Nos. 18604, 18605.Argued April 9, 1965.Decided August 11, 1965.

J. SKELLY WRIGHT, Circuit Judge: J. HOUH, Circuit Judge.***

Appellants in these consolidated cases, Ms. Ora Lee Williams and Mr. and Mrs. William and Ruth Thorne, are residents of predominantly Black and lower-income neighborhoods in the District of Columbia’s northeast and northwest quadrants, respectively. Appellee Walker-Thomas Furniture Company operates retail furniture stores in neighborhoods like appellants’ throughout the District. Over the course of several years, appellants purchased several household items, large and small, from appellee in a series of transactions, the terms of which were set forth in the many written contracts signed by appellants. Each of these written contracts described the items purchased in each transaction and their value.

This chapter introduces the subject matter of the book, provides the core problem statement and defines the central terms used in the book. The introduction also explains the focus on governmental adoption of cloud computing services, legal sources, and the research approach.

The introduction explains how cloud computing has made it possible and desirable for users, such as businesses and governments, to migrate their data to be hosted on infrastructure managed by third parties. The chapter further outlines why aspects of migration to cloud services pose specific legal, contractual, and technical challenges for governments.

The chapter further outlines the challenge of addressing contracting and procurement requirements, data privacy and jurisdictional obligations when using an opaque, global, multi-tenant technology such as cloud computing.