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Wildy’s Book News

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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Colinvaux's Law of Insurance

Colinvaux's Law of Insurance

Price: £370.00

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W. David SlawsonTorrey H. Webb Professor of Law, University of Southern California, USA

ISBN13: 9780691044156
ISBN: 0691044155
Published: July 1998
Publisher: University Presses of California, Columbia and Princeton
Format: Hardback
Price: Out of print



During its classical period, American contract law had three prominent characteristics: nearly unlimited freedom to choose the contents of a contract, a clear separation from the law of tort (the law of civil wrongs), and the power to make contracts without regard to the other party's ability to understand them. Combining incisive historical analysis with a keen sense of judicial politics, W. David Slawson shows how judges brought the classical period to an end about 1960 with a period of reform that continues to this day.;American contract law no longer possesses any of the prominent characteristics of its classical period. For instance, courts now refuse to enforce standard contracts according to their terms; they implement the consumer's reasonable expectations instead. Businesses can no longer count on making the contracts they want: laws for certain industries or for businesses generally set many business obligations regardless of what the contracts say. A person who knowingly breaches a contract and then tries to avoid liability is subject to heavy penalties.;As Slawson demonstrates, judges accomplished all these reforms, although with some help from scholars. Legislation con

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