Principle and policy in contract law : (Record no. 44402)

MARC details
000 -LEADER
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001 - CONTROL NUMBER
control field 16802263
003 - CONTROL NUMBER IDENTIFIER
control field OSt
005 - DATE AND TIME OF LATEST TRANSACTION
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008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 110531s2011 enk b 001 0 eng
010 ## - LIBRARY OF CONGRESS CONTROL NUMBER
LC control number 2011023030
020 ## - INTERNATIONAL STANDARD BOOK NUMBER
International Standard Book Number 9780521196147 (hardback)
040 ## - CATALOGING SOURCE
Original cataloging agency Library of Congress
Transcribing agency Africa University
Language of cataloging English
042 ## - AUTHENTICATION CODE
Authentication code pcc
043 ## - GEOGRAPHIC AREA CODE
Geographic area code e-uk---
050 00 - LIBRARY OF CONGRESS CALL NUMBER
Classification number KD1559 1559 WAD 2011
Item number .W33 2011
082 00 - DEWEY DECIMAL CLASSIFICATION NUMBER
Classification number 346.4202
Edition number 23
084 ## - OTHER CLASSIFICATION NUMBER
Classification number LAW021000
Number source bisacsh
100 1# - MAIN ENTRY--PERSONAL NAME
Personal name Waddams, S. M.
245 10 - TITLE STATEMENT
Title Principle and policy in contract law :
Remainder of title competing or complementary concepts? /
Statement of responsibility, etc. Stephen Waddams.
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Place of publication, distribution, etc. Cambridge ;
-- New York :
Name of publisher, distributor, etc. Cambridge University Press,
Date of publication, distribution, etc. 2011.
300 ## - PHYSICAL DESCRIPTION
Extent xvii, 248 p. ;
Dimensions 24 cm.
504 ## - BIBLIOGRAPHY, ETC. NOTE
Bibliography, etc. note Includes bibliographical references (p. 231-238) and index.
505 8# - FORMATTED CONTENTS NOTE
Formatted contents note Machine generated contents note: 1. Introduction: empire of reason or republic of common sense?; 2. Intention, will, and agreement; 3. Promise, bargain, and consideration; 4. Unequal transactions; 5. Mistake; 6. Public policy; 7. Enforcement; 8. Conclusion: joint dominion of principle and policy.
520 ## - SUMMARY, ETC.
Summary, etc. "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"--
Assigning source Provided by publisher.
520 ## - SUMMARY, ETC.
Summary, etc. "Introduction: empire of reason, or republic of common sense? '[I]f LAW be a science, said Sir William Jones in 1781, 'and really deserve so sublime a name, it must be founded on principle, and claim an exalted rank in the empire of reason'.1 In Goodisson v. Nunn (1792), Lord Kenyon, in dealing with the then very controversial question of when contractual covenants were to be considered independent of each other, was faced with old cases apparently requiring a result that he thought was unjust. He was able to find that the old cases had impliedly been overruled by more recent cases: The old cases... have been accurately stated, but the determinations in them outrage common sense... I am glad to find that the old cases have been over-ruled; and that we are now warranted by precedent as well as by principle to say this action cannot be maintained.2 These two statements, eleven years apart, invite comparison. Both appeal to 'principle', but the word is used with different connotations. Jones spoke of principle as an essential component of the claim of the law - a claim of which Jones evidently approved - to be a rational science. There is no explicit place in this concept for individual judgment on the part of judges or of writers of what legal rules would, on general considerations, be beneficial or desirable in the interests of justice to the parties to a particular dispute or in the interests of society at large in the future. Lord Kenyon, on the other hand, though he also concludes his statement with an appeal to 'principle', was evidently motivated by a desire to avoid injustice to the defendant in the particular case, and to establish a rule that Jones, An Essay on the Law of Bailments, 123 (emphasis in original)"--
Assigning source Provided by publisher.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Contracts
Geographic subdivision Great Britain.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Contracts
Geographic subdivision Great Britain
Form subdivision Cases.
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element Contracts.
650 #7 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW / Contracts.
Source of heading or term bisacsh
856 42 - ELECTRONIC LOCATION AND ACCESS
Materials specified Cover image
Uniform Resource Identifier <a href="http://assets.cambridge.org/97805211/96147/cover/9780521196147.jpg">http://assets.cambridge.org/97805211/96147/cover/9780521196147.jpg</a>
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942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Library of Congress Classification
Koha item type Do not use this
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Date last seen Price effective from Koha item type
0   Library of Congress Classification     Africa University Law Library Africa University Law Library   11/25/2021   KD1559 WAD 2011 11/25/2021 11/25/2021 Do not use this

 

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