Judges, commerce and contract law

Judges , commerce and contract law by John Gava

This question received a powerful impetus with the publication of Stewart Macaulay’s pioneering study in 1963 into the use of contract law in the market place. Macaulay looked at the contracting practices of businesses in Wisconsin and found that many entered into agreements that didn’t satisfy the requirements of contract law and would not, therefore, be enforceable in the courts – and that th...

Judges and Legislature: Values into Law

The legislature gives effect to the values of democracy and compromise in a pluralist society, but the legislation it produces is mediated in its application by the values inherent in the legal culture into which it is received. The judges complete the law promulgated by Parliament by applying it. In articulating the common law also, the judges act within the bounds of objective standards suppl...

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...

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

E-commerce and Competition Law

ACKNOWLEDGEMENT I would like to take this opportunity to thank all the people who have helped me in the completion of this project. Director (Law), who has helped me at every step, provided me with relevant study material for the project, rectified my mistakes, and always guided me in my research. This project would not have been possible without his help and guidance. Also, I would like to tha...