Hybrid Contract According to Sharia Economic Law

The principles Govering Remedies for Breach of Contract According to Expectation Interest In The Modern European law and Iranian law

Freedom of choosing an efficient remedy after the breach of contract, Cumulation of homogeneous remedies and the right to change the selected remedy in modern European contract law have been accepted via the approach of support of the injured party`s expectation interest‌‌‌. The consideration of these principles indicates that the remedies for breach of contract are not concerned in itself and ...

Fault in Contract Law

A promisor is strictly liable for breaching a contract, according to the standard account. However, a negligence-based system of contract law can be given an economic interpretation, and this Article shows that such a system is in some respects more attractive than the strict-liability system. This may explain why, as a brief discussion of cases shows, negligence ideas continue to play a role i...

Social Contract and Economic Justice Social Contract and Economic Justice 1. from Hypothetical to Empirical Contracts

This paper seeks to construct a social contract theory of economic justice using Barry's (1989: 347-8) empirical method of contractual reasoning. Barry described this method in a passage worth quoting at length: 'The empirical method starts from observation rather than pure thought. It is animated by the consideration that actual societies approximate more or less closely the conditions .... th...

Common Mistake in Contract Law

English Contract Law has long struggled to understand the effect of a fundamental common mistake in contract formation. Bell v. Lever Brothers Ltd. [1932] A.C. 161 recognises that a common mistake which totally undermines a contract renders it void. Solle v. Butcher [1950] 1 K.B. 671 recognises a doctrine of ‘mistake in equity’ under which a serious common mistake in contract formation falling ...

Individual Rights and Contract: (Freedom and Reciprocity in Contract Law)