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Contract Law

Subject: Law

One of the eleven core subjects a law student must pass to qualify as a candidate for admission to practise law. See Priestley eleven. The principles of contract law govern ... ...

Contract Law

Contract Law   Quick reference

The Oxford Dictionary of Islam

Reference type:
Subject Reference
Current Version:
2003
Subject:
Religion
Length:
164 words

...Contract Law The classical law of contracts and obligations adopted the principle of freedom of contract and elaborated various requirements for the formation and validity of contracts. For example, according to the Quran , contracts must be entered into and applied in good faith, preferably be in writing, and avoid riba, the definition of which remains a subject of contention to date. The model contract is the contract of sale (bay). Most Muslim countries codified contract law by the late nineteenth or early twentieth century. The Ottoman Mecelle ( Arabic ...

contract law

contract law   Reference library

The New Oxford Companion to Law

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law
Length:
1,650 words

... law The law of contract is that part of the civil law that governs the enforceability of agreements. It consists of general rules, which apply to all kinds of contract, and specialist rules which are restricted to particular kinds of contract. A striking feature of the legal obligations which arise from contracts is that, at least in theory, they are self imposed. Most other legal obligations which relate to individuals' conduct exist independently of their volition, notably the criminal law and the law of tort. An individual or organization, by entering...

Contract Law

Contract Law   Reference library

The Oxford Encyclopedia of the Islamic World

Reference type:
Subject Reference
Current Version:
2009
Subject:
Religion, Social sciences, Regional and Area Studies
Length:
1,486 words

... Law . Classical Islamic law did not have a comprehensive theory of obligations and contracts. The formation of the law as a distinct discipline, with the rise of fiqh (Islamic jurisprudence) treatises after the ninth century and with the common-law jurisprudential accretions through the centuries, meant that a comprehensive system was attempted only in the modern period. This attempt took two forms. Although the theory of obligations and contracts was being presented by some individual authors from Egypt and the Levant (notably Ṣubḥī Maḥmaṣānī, Chefik...

Contract Law

Contract Law   Reference library

The Oxford Companion to American Law

Reference type:
Subject Reference
Current Version:
2004
Subject:
Law
Length:
2,939 words

...states. This body of law displaces much of what would have been left solely to the common law of contract. Yet each state has its own general common law of contract, except insofar as superceded by the Uniform Commercial Code and other statutes. In various major fields such as employer-employee contracts, land-sale contracts (in many states), and insurance contracts, the common law of contracts makes up the vast bulk of the relevant law. There is now a large body of case law interpreting the Uniform Commercial Code, and this law is not always consistent...

Contract Law

Contract Law   Reference library

Haider Ala Hamoudi

Oxford Encyclopedia of the Islamic World: Digital Collection

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
3,400 words

... Contract Law Classical Islamic law did not have a comprehensive theory of contracts or obligation. While the fiqh generally permitted considerable freedom of contract, this was achieved through reference to a series of nominate forms, them bay (sale), ijara (lease/hire), hiba (gift), and wakala (agency), with some thought given as to how to accommodate forms of transaction that did not fit precisely...

Contract law

Contract law   Reference library

The Oxford Companion to the High Court of Australia

Reference type:
Subject Reference
Current Version:
2007
Subject:
Law
Length:
4,113 words

...relied heavily on English contract law, this dependency has gradually lessened. References to other common law jurisdictions (notably the USA, Canada, and NZ) and to European and international law have increased, with open divergences from English law on several points. Nevertheless, English precedents are still routinely cited and analysed. As a result, Australian contract law often has a second-hand quality. Even its elite practitioners still keep an ear permanently cocked towards London. The mass of cases on contract defies brief exposition. In a...

Law, Contract

Law, Contract   Reference library

Douglas PALMER

Berkshire Encyclopedia of World History (2 ed.)

Reference type:
Subject Reference
Current Version:
2016
Subject:
History
Length:
1,430 words

...contract. Historians and Contract Law The intricacies and formalities of contracts and contract law have often been imposing to the point that many historians have disregarded contract law as a subject of inquiry. However, contract law, even in its most formal expressions, reflects the historical context in which the law was created, or contract disputes adjudicated. Moreover, as the American legal scholar Lon L. Fuller observed, contract law is not only the positive law of contracts, but an expression of customary law, and thus “contract law...

Contract law

Contract law   Reference library

Australian Law Dictionary (3 ed.)

Reference type:
Subject Reference
Current Version:
2018
Subject:
Law
Length:
179 words
Illustration(s):
1

...Contract law One of the eleven core subjects a law student must pass to qualify as a candidate for admission to practise law . See priestley eleven . The principles of contract law govern transactions throughout the business world and in sales of goods and land, defining negotiated (rather than legally imposed) rights and obligations. Courses focus on contract formation (capacity, formalities, and privity); content and construction; vitiating factors; discharge; remedies; and assignment. Contract law is found in common law, equity and some...

Contract, Law of

Contract, Law of   Reference library

Roy Kreitner

The Oxford Encyclopedia of American Political and Legal History

Reference type:
Subject Reference
Current Version:
2013
Subject:
Social sciences, Politics, Law, History of Law
Length:
2,716 words

...claim about the socialization of contract, one would need to present concurrent stories about the state of and changes in antidiscrimination law, family law, marital property law, corporate law, and a host of adjoining fields. All of these fields would be in play in trying to account for the state of contract, and no account of the socialization of contract on the basis of changes contract doctrine alone could maintain descriptive coherence. The Development of Contract Law.   Frameworks for evaluating the development of contract in America are multiple and...

Alien Contract Labor Law

Alien Contract Labor Law   Reference library

Susan Roth Breitzer

The Oxford Encyclopedia of American Business, Labor, and Economic History

Reference type:
Subject Reference
Current Version:
2013

...Contract Labor Law The 1885 Alien Contract Labor Law—popularly known as the Foran Act, for its chief sponsor, Representative Martin Foran, a Democrat from Ohio—was a signature piece of congressional legislation that for the first time in American history prohibited employers from recruiting immigrant workers from abroad or paying such workers’ passage to the United States. It pointedly reversed the earlier Contract Labor Act of 1864 , which had been passed in response to the labor shortages caused by the American Civil War. The 1864 act encouraged...

proper law of a contract

proper law of a contract   Quick reference

A Dictionary of Law (10 ed.)

Reference type:
Subject Reference
Current Version:
2022
Subject:
Law
Length:
147 words

...law of a contract The system of law that is applied in private international law to a contract with foreign elements. Which system governs the contract will depend on the intention of the parties to the contract, to be determined in each case by considering the terms of the contract, and all the surrounding facts. If the parties have expressly agreed which law should govern the contract, that law will normally be applied by virtue of the Rome I Regulation (in force in the UK from 17 December 2009 and incorporated in domestic legislation so it continues...

Contract Law of the People’s Republic of China

Contract Law of the People’s Republic of China   Quick reference

A Dictionary of Business and Management in China

Reference type:
Subject Reference
Current Version:
2018
Subject:
Social sciences, Business and Management
Length:
88 words

... Law of the People’s Republic of China A law that was adopted in 1999 in order to protect the rights of contracting parties. The law covers the making, fulfillment, and transfer of contracts, and termination and liability for the breach of contract. Types of contracts covered include sale and purchase, donation, loan, lease, work, carriage, technology, deposit, warehousing, entrustment, brokerage, and intermediation contracts. The law allows parties to use written, oral, or other means for entering into a contract and written form when parties...

Contract for Delivery with Prepayment (Salam) in Islamic Law

Contract for Delivery with Prepayment (Salam) in Islamic Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
7,137 words
Illustration(s):
1

...[ 1835 ]) Contract Law in the Eighteenth and Nineteenth Centuries. That story of contracts as the creation of the late eighteenth and early nineteenth centuries correlates with the rise of the contracts treatise literature. Contracts occupied only a chapter in the second volume of Sir William Blackstone's four-volume Commentaries on the Laws of England , published in the 1760s. Among the first American treatises on contracts were Daniel Chipman's 1822 Essay on the Law of Contracts and Gulian Verplanck's 1825 Essay on the Doctrine of Contracts . By ...

Contract Law

Contract Law  

Reference type:
Overview Page
Subject:
Law
One of the eleven core subjects a law student must pass to qualify as a candidate for admission to practise law. See Priestley eleven.The principles of contract law govern ...
Contract for Delivery with Prepayment in Islamic Law

Contract for Delivery with Prepayment in Islamic Law  

Reference type:
Overview Page
The salam is a contract in which a buyer pays, at the moment of the conclusion of the contract or immediately thereafter, an advance price to a seller who is ...
Agricultural Contracts and Sharecropping in Islamic Law

Agricultural Contracts and Sharecropping in Islamic Law   Reference library

The Oxford International Encyclopedia of Legal History

Reference type:
Subject Reference
Current Version:
2009
Subject:
Law, History
Length:
1,211 words
Illustration(s):
1

..., whence the name of the contract and that of the husbandman) of the crop. Harvesting Almonds. Laborers harvest the almond crop at Qand-i Badam. Illustration from Vaqiʿat-i Baburi (Memoirs of Babur), c. 1590. © British Library Board [ See also Contract, subentry on Contracts and Unilateral Acts in Islamic Law .] Bibliography Haque, Ziaul . Landlord and Peasant in Early Islam: A Study of the Legal Doctrine of Muzaraʿa or Share Cropping . Islamabad, Pakistan: Islamic Research Institute, 1977. Johansen, Baber . The Islamic Law on Land Tax and Rent: The...

Agricultural Contracts and Sharecropping in Islamic Law

Agricultural Contracts and Sharecropping in Islamic Law  

Reference type:
Overview Page
Agricultural contracts in Islamic law can be best viewed on the basis of the idea that a number of elements contribute to the production of crops, such as land, water ...
Law

Law   Reference library

An Oxford Companion to the Romantic Age

Reference type:
Subject Reference
Current Version:
2009
Subject:
History, modern history (1700 to 1945), Literature
Length:
5,210 words
Publisher:
Oxford University Press

...by that act. Victorian people would surely have recognized their relationship to law and government in the prescient statement of Blackstone's successor as Vinerian professor of English law at Oxford, Sir Robert Chambers ( 1737–1803 ), that parliament ‘has a civil right to obedience from its subjects, whose execution of its laws is only ministerial and who are considered not as agents but as instruments’. Atiyah, P. S. , The Rise and Fall of Freedom of Contract , Oxford, 1979; Beattie, J. M. , Crime and the Courts in England 1660–1800 , Oxford,...

The Medina Document

The Medina Document   Reference library

Ali Bulaç

Liberal Islam: A Sourcebook

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
7,296 words
Publisher:
Oxford University Press

...the first constitutive principle that can be drawn from the Document: A righteous and just, law-respecting ideal project aiming for true peace and stability among people cannot but be based on a contract among different groups (religious, legal, philosophical, political, etc.). During the preparation of the contract, the members or the representatives of the social groups should be present, the articles of the contract (basic principles) should be decided in a free environment, involving discussions and negotiations of the different...

Shari‘a: The Codification of Islamic Law

Sharia: The Codification of Islamic Law   Reference library

Muhammad Sa‘id Al-‘Ashmawi

Liberal Islam: A Sourcebook

Reference type:
Subject Reference
Current Version:
2022
Subject:
Religion
Length:
6,146 words
Publisher:
Oxford University Press

...prohibited by religious law, and that of insurance contracts which some consider—wrongly in our view—as speculative contracts and hence as illicit. These two questions should be the object of a debate, as open as possible, to which the judges and all religious scholars should contribute, a debate that is really free and limited solely by a frame of authentic free opinion ( ijtihad ) as described above. In matters of procedure , the Qur'an has only one verse relative to the proof of debts: “O believers, when you contract a debt one upon another...

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