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Alleviating Mistakes

E. Allan Farnsworth.

in Alleviating Mistakes

September 2004; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 5473 words.

Although there are mistakes that can be perceived as happy, for example one would be happy to experience a mistake such as Columbus' discovery of America, we have to realize that some...

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Allocation of Risk and Tort Law

Rob Merkin and Jenny Steele.

in Insurance and the Law of Obligations

August 2013; p ublished online September 2013 .

Chapter. Subjects: Civil Law. 29847 words.

Turns from contract to tort, exploring the significance of insurance in determining the existence and ambit of tort duties. Explains the perceived differences between contract and tort...

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Allocation of Risk in Voluntary Arrangements

Rob Merkin and Jenny Steele.

in Insurance and the Law of Obligations

August 2013; p ublished online September 2013 .

Chapter. Subjects: Civil Law. 23926 words.

Examines the part played by insurance arrangements in a wide variety of commercial contracts. Explains that insurance is an inherent aspect of party relationships; and that the contractual...

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Alternative Means of Redress

Duncan Fairgrieve.

in State Liability in Tort

March 2003; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 11006 words.

This chapter discusses alternative, non-judicial means to compensate citizens aggrieved by public bodies by examining the two jurisdictions, and includes a comparative analysis of statutory...

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Alternative Remedies

Dario Milo.

in Defamation and Freedom of Speech

February 2008; p ublished online January 2009 .

Chapter. Subjects: Civil Law. 12839 words.

This chapter considers alternative remedies in defamation cases with emphasis on remedies that courts should consider in holding the balance between freedom of expression and reputation....

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Alternatives and Frustration

GH Treitel.

in Good Faith and Fault in Contract Law

August 1997; p ublished online March 2012 .

Chapter. Subjects: Civil Law. 10261 words.

This chapter on alternative obligations considers contracts which give one of the parties the right to choose between two or more ways of rendering performance. It discusses the general...

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Altruism in Private Law

Jeroen Kortmann.

February 2005; p ublished online March 2012 .

Book. Subjects: Civil Law. 228 pages.

This book examines two problems in private law that are posed by the ‘good Samaritan’: First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held...

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The Ambiguity Question

Steven J. Burton.

in Elements of Contract Interpretation

October 2008; p ublished online January 2009 .

Chapter. Subjects: Civil Law. 17124 words.

This chapter considers the question of ambiguity. Under the plain meaning rule, an unambiguous contract will be given its unambiguous meaning as a matter of law. When determining whether a...

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The Ambitions of <i>Contract as Promise</i>

Charles Fried.

in Philosophical Foundations of Contract Law

December 2014; p ublished online March 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 15194 words.

Contract as Promise, published in 1981, was an attempt to provide a comprehensive theory of contract law, rooted in individualistic, classical liberal premises. The presiding...

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An Analytical Framework for Legal Evaluation of Boilerplate

Margaret Jane Radin.

in Philosophical Foundations of Contract Law

December 2014; p ublished online March 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 13367 words.

This chapter develops an analytical framework that could help legal analysts make better decisions about boilerplate in the context of rights deletions deployed by firms against consumers....

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