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Sales: A Systems Approach (Aspen Casebook)
by Daniel KeatingEmphasizing the institutions and the mechanisms that participants use in the marketplace to conduct transactions, Daniel Keating's "Systems Approach" provides a functional perspective of Articles 2 and 2A of the Uniform Commercial Code in practice. Comprehensive, problem-based coverage encompasses the domestic sale of goods, real estate sales, leases, and international sales. Thoughtful problems for students incorporate insights from this distinguished author's interviews with leading figures in commerce as well as from actual sales forms and documents. News stories further illustrate, in real-world examples, how the system works in practice. Organized by Assignments, this engaging casebook lends flexibility in teaching and course design.
Salmon P. Chase: Lincoln's Vital Rival
by Walter StahrFrom an acclaimed, New York Times bestselling biographer, a timely reassessment of Abraham Lincoln&’s indispensable Secretary of the Treasury: a leading proponent for black rights both before and during his years in cabinet and later as Chief Justice of the United States.Salmon P. Chase is best remembered as a rival of Lincoln&’s for the Republican nomination in 1860—but there would not have been a national Republican Party, and Lincoln could not have won the presidency, were it not for the vital groundwork Chase laid over the previous two decades. Starting in the early 1840s, long before Lincoln was speaking out against slavery, Chase was forming and leading antislavery parties. He represented fugitive slaves so often in his law practice that he was known as the attorney general for runaway negroes, and he furthered his reputation as an outspoken federal senator and progressive governor of Ohio. Tapped by Lincoln to become Secretary of the Treasury, Chase would soon prove vital to the Civil War effort, raising the billions of dollars that allowed the Union to win the war, while also pressing the president to emancipate the country&’s slaves and recognize black rights. When Lincoln had the chance to appoint a chief justice in 1864, he chose his faithful rival, because he was sure Chase would make the right decisions on the difficult racial, political, and economic issues the Supreme Court would confront during Reconstruction. Drawing on previously overlooked sources, Walter Stahr sheds new light on a complex and fascinating political figure, as well as on the pivotal events of the Civil War and its aftermath. Salmon P. Chase tells the forgotten story of a man at the center of the fight for racial justice in 19th century America.
Salvage Work: U.S. and Caribbean Literatures amid the Debris of Legal Personhood
by Angela NaimouSalvage Work examines contemporary literary responses to the law’s construction of personhood in the Americas. Tracking the extraordinary afterlives of the legal slave personality from the nineteenth century into the twenty-first, Angela Naimou shows the legal slave to be a fractured but generative figure for contemporary legal personhood across categories of race, citizenship, gender, and labor. What emerges is a compelling and original study of how law invents categories of identification and how literature contends with the person as a legal fiction. Through readings of Francisco Goldman’s The Ordinary Seaman, Edwidge Danticat’s Krik?Krak!, Rosario Ferre’s Sweet Diamond Dust (Maldito Amor), Gayl Jones’s Song for Anninho and Mosquito, and John Edgar Wideman’s Fanon, Naimou shows how literary engagements with legal personhood reconfigure formal narrative conventions in Black Atlantic historiography, the immigrant novel, the anticolonial romance, the trope of the talking book, and the bildungsroman.Revealing links between colonial, civic, slave, labor, immigration, and penal law, Salvage Work reframes debates over civil and human rights by revealing the shared hemispheric histories and effects of legal personhood across seemingly disparate identities—including the human and the corporate person, the political refugee and the economic migrant, and the stateless person and the citizen.In depicting the material remains of the legal slave personality in the de-industrialized neoliberal era, these literary texts develop a salvage aesthetic that invites us to rethink our political and aesthetic imagination of personhood. Questioning liberal frameworks for civil and human rights as well as what Naimou calls death-bound theories of personhood—in which forms of human life are primarily described as wasted, disposable, bare, or dead in law—Salvage Work thus responds to critical discussions of biopolitics and neoliberal globalization by exploring the potential for contemporary literature to reclaim the individual from the legal regimes that have marked her.
Salvation Boulevard, movie tie-in
by Larry BeinhartSome cases test a private investigator’s wits, others test his courage, and still others, his character. In Salvation Boulevard, P. I. Carl Van Wagener has found a case that tests them all, and then goes on to test his soul. A professor is dead and a suspect-who has confessed-is in custody. But nothing is what it seems. After all, the dead man is an atheist professor, the accused an Islamic foreign student, the defense attorney a Jew, and the detective a Born Again Christian. As Carl gets deeper and deeper into the investigation of the death of professor Nathaniel MacLeod, his most basic beliefs and relationships are tried and his world is turned upside down. The mega-church, the pastor, and his new wife who have redeemed Carl from a life of grim debauchery insist on his dropping the case. But he can’t stop searching for the real killer and the truth-no matter what the personal cost. Salvation Boulevard is a page-turning thriller in the tradition of John Grisham and Richard Condon that grapples with the ecstatic and entropic nature of religious faith in contemporary America.
"Salvo que me muera antes": El día en que murió Kirchner. La noche que nació el cristinismo
by Ceferino Reato«Muchachos, el próximo presidente voy a ser yo salvo que me muera antes.» Néstor Kirchner a un grupo de dirigentes oficialistas y encuestadores. Residencia de Olivos, dos semanas antes de su muerte. A siete años de aquel miércoles 27 de octubre de 2010, la Argentina sigue sin saber con certeza dónde, a qué hora y de qué murió Néstor Kirchner; tampoco, si se podría haber salvado. Con un estilo que ya es marca -información original y precisa en una narración atrapante-, Ceferino Reato cuenta qué pasó exactamente ese día en El Calafate, explica cómo se reconfiguró el poder político en el país a partir de esa noche y da respuesta a las preguntas pendientes: *¿Cómo se llevaban realmente, puertas adentro, Néstor y Cristina? *¿Cuánto sabía ella del esquema de corrupción organizado por él? *¿Qué pasó en la despedida íntima antes del traslado del cuerpo a Buenos Aires? *¿Por qué el velatorio público se hizo a cajón cerrado? Por primera vez, la trama completa de la tragedia que dio origen al poderoso liderazgo de Cristina Fernández.
Sam Steele: A Biography
by Rod MacleodThe life of Canada&’s police and military hero is &“a story worth telling. Macleod&’s solid research and clear writing also make it a story worth reading&” (AlbertaPrimeTimes.com). Sam Steele, &“the man who tamed the Gold Rush,&” had a high-profile public career, yet his private life has been closely protected. This biography follows Steele&’s rise from farm boy in backwoods Ontario to the much-lauded Major General Sir Samuel Benfield Steele. Drawing on the vast Steele archive at the University of Alberta, this comprehensive biography vividly recounts some of the most significant events of the first fifty years of Canadian Confederation—including the founding of the North-West Mounted Police, the opening of the North through the Klondike, and Canada&’s participation in the South African War—from the perspective of a policeman who became a military leader. Impeccably researched and accessibly written, Sam Steele is perfect for anyone interested in Canada&’s early decades.&“Deeply-researched and elegantly written, this book brings alive one of the most intriguing characters of Canadian history who has been undeservedly forgotten.&” —Charlotte Gray, bestselling author of Murdered Midas &“A revealing story of a talented, dedicated Canadian who always strove to do his best for his country.&” —Canadian Military History&“Focusing on its subject&’s life and career, Sam Steele paints a thoughtful portrait of an interesting and important man that, like any good book, raises interesting and important questions . . . this biography is likely to remain the definitive work on Steele&’s life.&” —Canadian Historical Review
Sam Steele: A Biography
by Rod MacleodThe life of Canada&’s police and military hero is &“a story worth telling. Macleod&’s solid research and clear writing also make it a story worth reading&” (AlbertaPrimeTimes.com). Sam Steele, &“the man who tamed the Gold Rush,&” had a high-profile public career, yet his private life has been closely protected. This biography follows Steele&’s rise from farm boy in backwoods Ontario to the much-lauded Major General Sir Samuel Benfield Steele. Drawing on the vast Steele archive at the University of Alberta, this comprehensive biography vividly recounts some of the most significant events of the first fifty years of Canadian Confederation—including the founding of the North-West Mounted Police, the opening of the North through the Klondike, and Canada&’s participation in the South African War—from the perspective of a policeman who became a military leader. Impeccably researched and accessibly written, Sam Steele is perfect for anyone interested in Canada&’s early decades.&“Deeply-researched and elegantly written, this book brings alive one of the most intriguing characters of Canadian history who has been undeservedly forgotten.&” —Charlotte Gray, bestselling author of Murdered Midas &“A revealing story of a talented, dedicated Canadian who always strove to do his best for his country.&” —Canadian Military History&“Focusing on its subject&’s life and career, Sam Steele paints a thoughtful portrait of an interesting and important man that, like any good book, raises interesting and important questions . . . this biography is likely to remain the definitive work on Steele&’s life.&” —Canadian Historical Review
Same River, Twice: Putin's War on Women
by Sofi Oksanen“In Same River, Twice, one of Europe's leading novelists uses her personal experience to shed light on the personal experiences of others: ordinary women trapped in the crossfire of a great geopolitical game.” —Benjamin Moser, Pulitzer Prize-winning author of Sontag: Her Life and Work“It’s one of those books that can truly change a reader's life. . . . A powerful, unforgettable read.” —Andrey Kurkov, award-winning author of Grey Bees and The Silver BoneBlending the journalistic rigor of Masha Gessen with the call to action of We Should All Be Feminists, a searing denunciation of Putin’s Russia, revealing how modern Russia’s history of weaponizing sexual violence against women plays a crucial role in its current strategy to retain political influence and dominance abroadOn March 22, 2023, the Swedish Academy organized a conference on threats to democracy and freedom of expression featuring a slate of distinguished speakers including Arundhati Roy, Timothy Snyder, and Sofi Oksanen. Oksanen’s address—entitled “Putin's War on Women”— would go on to spark such interest that the acclaimed Finnish writer felt compelled to return to it as the basis for a larger, more in-depth look at Putin’s threat to women. The result is Same River, Twice, a devastating book-length essay that incisively builds on the themes and arguments first presented in her powerful speech.During the Soviet occupation of Estonia, Oksanen's great-aunt was arrested and brutally interrogated overnight. Left permanently traumatized by the experience, she would never speak again. Using her family story as a starting point, Oksanen launches an investigation into the systematic crimes that the Russian government has, for nearly a century, committed with impunity. From the Russian military's entry into Berlin in 1945 to its modern invasion of Ukraine, Russia has continually employed violence against women when combatting its enemies. Life for women in Putin's Russia is little better; gender equality is in decline, women are silenced by the legal system, and rape is used to humiliate victims, especially women in media.Through Oksanen's sober analysis a disturbing picture emerges: under Putin, misogyny has become foundational to the state’s power. It underpins the current regime, serves as a means of weaving international alliances, and forms an essential part of Russia’s ongoing genocide in Ukraine, in turn posing a threat to the rights of women and minorities worldwide. As threats to democracy grow stronger across the globe, the powerful and timely Same River, Twice is a warning that cannot not be ignored.Translated from the Finnish by Owen F. Witesman
Same-Sex Couples before National, Supranational and International Jurisdictions
by Daniele Gallo Luca Paladini Pietro PustorinoThe present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions' reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.
Same-Sex Families and Legal Recognition in Europe (European Studies of Population #24)
by Marie DigoixThis open access book focuses on family diversity from a legal, demographical and sociological perspective. It investigates what is at stake in the life of homosexuals in the field of family formation, parenting and parenthood, what it brings to everyday life, the support of the law, and what its absence implies. The book shows the paths leading to the adoption of laws while demographic analyses concentrate on the link between registration of same-sex marriages and same-sex parenting with a detailed focus on Spain. The sociological chapters in this book, based upon qualitative surveys in France, Iceland and Italy, underline how the importance of the legal structure influenced the daily life of homosexual families. As such this book is an interesting read to lawyers, demographers, sociologists, behavioural scientists, and all those working in the field.
Same Sex Legal Kit For Dummies
by Carrie Stone John G. CulhaneGrasp the latest legal information for gay and lesbian couples<P> Same-sex relationships are treated differently under each state's laws, and nearly a quarter of the U.S. population lives in a state with some form of legal recognition for same-sex couples.<P> Same Sex Legal Kit For Dummies is a practical, plain-English guide to the legal information and guidance lesbian and gay couples need—from making practical decisions about living together and obtaining domestic partner benefits, to making medical decisions, taking care of each other's finances when one partner is incapacitated, leaving property to each other, having and raising children, and much more.<P> * Discusses power of attorney, health directives, and real estate and personal property ownership<P> * Covers considerations for bank accounts, investments, and estate planning<P> * The book's accompanying CD-ROM includes dozens of helpful tools, forms, and letters<P> * Brings you up to speed on the latest in civil unions, workplace rights, rental agreements and leases, and much more<P> The information contained in Same Sex Legal Kit For Dummies is invaluable for anyone in a same-sex relationship who needs to grasp the laws and regulations that apply to their unique situation.<P> CD-ROM/DVD and other supplementary materials are not included as part of the e-book file, but are available for download after purchase.
Same-Sex Marriage and Religious Liberty: Emerging Conflicts (Emory University Studies In Law And Religion Ser.)
by Douglas Laycock Anthony R. Picarello Jr. Robin Fretwell WilsonSame-Sex Marriage and Religious Liberty explores the religious freedom implications of defining marriage to include same-sex couples. It represents the only comprehensive, scholarly appraisal to date of the church-state conflicts virtually certain to arise in many spheres of law as a result of the legal recognition of same-sex marriage.
Same-Sex Marriage and the Constitution
by Evan GerstmannIn 2015 the Supreme Court made history by ruling that the constitution protects the right of same-sex couples to get married. The third edition of perhaps the most influential book on the subject explains the Court's reasoning and what the consequences of the decision have been. The book also explains why the Supreme Court declined to rule that a ban on same-sex marriage was irrational or hateful or that the ban was an indirect form of gender discrimination. Instead, the Court ruled that there is a fundamental constitutional right to marry that covers same-sex couples. The book discusses the dissent's claims that the decision will lead to constitutional protection for polygamy. It also covers the controversy over whether there should be special laws that allow religious business owners not to serve same-sex couples who are married. This book is free of jargon and is accessible to anyone interested in same-sex equality, the Supreme Court or constitutional law generally.
Same-Sex Parenting and the Best Interests Principle
by Lydia BrackenThis book is written for academics, students, policymakers, practitioners, and non-governmental organisations interested in the legal recognition of LGBT+ parenting. The book presents arguments in favour of the legal recognition of gay and lesbian families that are based on consideration of the best interests of the child. In this context, 'best interests' is informed by reference to children's rights and to social science data. Applied in this manner, it is argued that the best interests of children can be used to demand that same-sex parenting arrangements are afforded legal recognition and protection. Suggestions are also presented as to the most appropriate manner of providing for this recognition in the areas of parental responsibility, adoption, donor-conception and surrogacy. These suggestions are drawn from comparative case studies, focusing on England and Wales, Ireland and South Africa, that are used to facilitate assessment of the best interests principle.
Same-Sex Relationships, Law and Social Change
by Frances Hamilton Guido Noto La DiegaThis edited collection provides a forum for rigorous analysis of the necessity for both legal and social change with regard to regulation of same-sex relationships and rainbow families, the status of civil partnership as a concept and the lived reality of equality for LGBTQ+ persons. Twenty-eight jurisdictions worldwide have now legalised same-sex marriage and many others some level of civil partnership. In contrast other jurisdictions refuse to recognise or even criminalise same-sex relationships. At a Council of Europe level, there is no requirement for contracting states to legalise same-sex marriage. Whilst the Court of Justice of the European Union now requires contracting states to recognise same-sex marriages for the purpose of free movement and residency rights, unlike the US Supreme Court, it does not require EU Member States to legalise same-sex marriage. Law and Sociology scholars from five key jurisdictions (England and Wales, Italy, Australia, Canada, and the Republic of Ireland) examine the role of the Council of Europe, European Union and further international regimes. A balanced approach between the competing views of critically analytical rights based theorists and queer and feminist theorists interrogates the current international consensus in this fast moving area. The incrementalist theory whilst offering a methodology for future advances continues to be critiqued. All contributions from differing perspectives expose that even for those jurisdictions who have legalised same-sex marriage, still further and continuous work needs to be done. The book will be of interest to students and scholars in the field of human rights, family and marriage law and gender studies.
Samenspende und Register: Analyse und rechtsvergleichende Bewertung (MedR Schriftenreihe Medizinrecht)
by Saskia KöppenDieses Buch analysiert die Rechtslage im Hinblick auf die heterologe Insemination in Deutschland, Österreich und der Schweiz. Den Schwerpunkt bildet dabei die Untersuchung des im Jahre 2018 in Deutschland in Kraft getretenen Samenspenderregistergesetzes.In einem ersten Teil wird der Leser in die Grundlagen der Reproduktionsmedizin eingeführt, wobei auch die bislang noch offene Frage der Zulässigkeit der heterologen Insemination mit Sperma bereits verstorbener Samenspender diskutiert wird.Auf dieser Basis erfolgt eine Analyse der rechtlichen Verwandtschaftsbeziehungen zwischen dem Spenderkind und seinen Eltern unter Geltung sowohl der alten als auch der neuen Rechtslage. Den Kern des Werks bildet die umfassende Analyse des Samenspenderregistergesetzes. Neben einer ausführlichen Kommentierung erfolgt eine rechtspolitische Bewertung der einzelnen Normen, ehe eine detallierte Verfassungsmäßigkeitsprüfung vorgenommen wird.Anhand eines Rechtsvergleichs mit den Fortpflanzungsmedizingesetzen von Österreich und der Schweiz werden schließlich verschiedene Lösungsvorschläge für die aufgezeigten Lücken präsentiert.
Sampling and Surveying Radiological Environments
by Mark E. ByrnesPrivate landowners or Federal Agencies responsible for cleaning up radiological environments are faced with the challenge of clearly defining the nature and extent of radiological contamination, implementing remedial alternatives, then statistically verifying that cleanup objectives have been met. Sampling and Surveying Radiological Environments provides the how-tos for designing and implementing cost effective and defensible sampling programs in radiological environments, such as those found in the vicinity of uranium mine sites, nuclear weapons production facilities, nuclear reactors, radioactive waste storage and disposal facilities, and nuclear accidents. It includes downloadable resources that walk you through the EPA's Data Quality Objectives(DQO) procedures and provides electronic templates you can complete and print. Sampling and Surveying Radiological Environments addresses all of the major topics that will assist you in designing and implementing statistically defensible sampling programs in radiological environments, including: Summary of the major environmental laws and regulations that apply to radiological sites, and advice on regulatory interfacing· Internet addresses where you can find regulations pertaining to each States Theory of radiation detection and definitions of common radiological terminologyStatistics and statistical software that apply to the environmental industry Details on commercially available radiological instrumentation and detection systems Building decontamination and decommissioning, radiological and chemical equipment decontamination procedures, and tank/drum/remote characterizationStandard operating procedures for collecting environmental media samples Guidance on sample preparation, documentation, and shipment Guidance on data verification/validation, radiological data management, data quality assessment (DQA)
San Diego Harbor Police (Images of America)
by Michael P. RichThe San Diego Harbor Police Department has proudly provided more than 50 years of law enforcement. From its humble beginnings as a small security force formed after World War II to protect San Diego imports to the modern and sophisticated police force it is today, the San Diego Harbor Police Department serves as a shining example of the exciting and important role law enforcement plays in the development of a busy 21st-century city. Through a stunning collection of never-before-seen photographs, this book tells the story of the officers who have served and protected one of America's most historic and vital harbors. History lovers, police aficionados, and San Diego locals and visitors will be fascinated by the photographs within, which document the department's history from 1934 through its 1962 transition into the San Diego Unified Port District of today.
San Diego Police: Case Files (Images of America)
by Ed Lavalle Steve WillardA Pacific Coast metropolis famous for beautiful beaches and perfect weather and an American municipality since 1850, San Diego is America's eighth-largest city. Known as America's "Finest City," it contains a wealth of history--evolutionary as well as revolutionary--in its crime files. Among those are the founder of the California wine industry, Judge Roy Bean, a black officer before the Emancipation Proclamation, a 19th-century Native American police chief, and women who had the power to arrest before they had the right to vote. Major incidents include massive floods, civil unrest, wildfires, and some of the largest police gun battles in history. San Diego also witnessed mass murder, America's first major school shooting, the worst aviation disaster in American history, and the deadliest streets, per capita, to police. How the San Diego Police Department (SDPD) handled it all became textbook for many other police agencies.
San Francisco Police Department (Images of America)
by John GarveyThe officers of the San Francisco Police Department would be the first to tell you that police work in this city is nothing like Dirty Harry, The Streets of San Francisco, or Nash Bridges. It's a gritty reality, occasionally infused with glamour, but always characterized by the innovation and unusual proceedings found as a matter of course in this unique city. The department was established in 1849, when the population surge from the Gold Rush created a desperate need for law enforcement. An initial 35-member force was formed to protect over 20,000 residents. Since then, the SFPD has presided over notorious events, including the case of the Zodiac Killer, Zebra Murders, the Patty Hearst Hibernia Bank robbery, the 1975 assassination attempt on President Gerald Ford, and the Golden Dragon Restaurant and 101 California Street Massacres. While the SFPD story includes a gruesome and sometimes scandalous past, its dedicated officers continue to provide a positive and invaluable service to the diverse metropolitan community of San Francisco.
San Jose Police Department, The (Images of America)
by Jarrod J. Nunes John Carr Jr.Originally known as San Jose de Guadalupe, San Jose was ruled by Mexico until 1848, when, after the Mexican-American War, California joined the United States of America. In 1849, the newly elected government appointed a chief of police, and the San Jose Police Department was born. Its mission has been to respond to the distinctive needs of the community from the early agricultural age to today's high technology age. The San Jose Police Department has been a leader in law enforcement technology and training and is considered a model for modern police departments. Today, with a thousand sworn officers and 200 support personnel, the San Jose Police Department serves over a million citizens in the city and polices an area of over 180 square miles. The wonderful photographs compiled over the department's history illustrate the efforts of the hundreds of men and women who built the San Jose Police Department into one of the premier law enforcement agencies in the United States.
San Marino and International Investments
by Lorenzo RiccardiThis book seeks to promote investment opportunities in a global context, given San Marino’s advantageous tax and corporate system. After introducing readers to the country’s historical, geographical and political background, it focuses on current economic trends, business practices and the main institutions for economic development. In turn, the book illustrates San Marino’s unique international status, which supports its active membership in numerous international organizations. Additionally, it reports on the country’s ties with the world’s largest economies. These ties are chiefly characterized by international treaties and Double Tax Agreements (DTAs), which are also analyzed. In closing, the book shares insights into other small European countries’ dealings with San Marino (Andorra, Lichtenstein and Monaco).
Sanctified Sexuality: Valuing Sex in an Oversexed World
by Sandra GlahnExpert biblical and practical advice for handling today's most challenging sexual issuesAlthough modern culture constantly changes its views on sexuality, God's design for sexuality remains the same.Bringing together twenty-five expert contributors in relevant fields of study, Gary Barnes and Sandra Glahn address the most important and controversial areas of sexuality that Christians face today. From a scriptural perspective and with an irenic tone, the contributors address issues such as:The theology of the human bodyMale and female in the Genesis creation accountsAbortionCelibacySexuality in marriageContraceptionInfertilityCohabitationDivorce and remarriageSame-sex attractionGender dysphoriaAn ideal handbook for pastors, counselors, instructors, and students, Sanctified Sexuality provides solid answers and prudent advice for the many questions Christians encounter on a daily basis.
Sanctions, Accountability and Governance in a Globalised World
by Jeremy Farrall Kim RubensteinThis book is the first in a series examining how public law and international law intersect in five thematic areas of global significance: sanctions, global health, environment, movement of people and security. Until recently, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series explores the complex interactions that occur when legal regimes intersect, merge or collide. Sanctions, Accountability and Governance in a Globalised World discusses legal principles which cross the international law/domestic public law divide. What tensions emerge from efforts to apply and enforce law across diverse jurisdictions? Can we ultimately only fill in or fall between the cracks or is there some greater potential for law in the engagement? This book provides insights into international, constitutional and administrative law, indicating the way these intersect, creating a valuable resource for students, academics and practitioners in the field.
Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment
by Stephen WaddamsThe phrase 'sanctity of contracts' implies that contracts should always be strictly enforced. But when this objective is relentlessly implemented ruinous burdens are sometimes imposed on one party and extravagant enrichments conferred on the other. Despite recognition of the need to control highly unreasonable contracts in various particular contexts, there remain many instances in which the courts have refused to modify unreasonable contracts, sometimes with extravagant results that are avowedly 'grotesque'. In the computer age assent may be inferred from a click on a screen in the absence of any real agreement to the terms, which are often very burdensome to the user. In this book, arguments are advanced in favour of recognition of a general judicial power to relieve against highly unreasonable contracts, not only for the benefit of the disadvantaged party, but for the avoidance of unjust enrichment, and for the avoidance of anomalous gaps in the law.