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, or parts of its law, to them. Or it may be desirable to have some single system of law to govern a given problem, such as the validity of a marriage, so that courts will choose the law of the parties' domicile for convenience's sake. In that case the motivating con- siderations behind choice of

In: American Conflicts Law, 5th edition

CHAPTER 8 MODERN CONTRACT THEORY "A living law must sacrifice either form or continuity to expansion."l Modern contract theory can be divided into three eras: the end of the writ system and the separation of law and equity in the eighteenth century, the evolution of classical contract theory

In: Equitable Law of Contracts

circumstances were the motivating force, the more unfair one party will judge the other's behavior."68 The breaching behav- ior results in a loss of trust that intensifies the perception of behavioral unfairness and inequitable exchange. A relatively recent phenomenon is the explosion of the contractual

In: Equitable Law of Contracts

be sufficiently consistent to create, in effect, a substantive multi state law.1252 If certainty and predictability are lacking, the problem resides not in the holdings of the cases, but in the fact that the opinions fail to lay bare the actual reasons that motivated a particular decision. A

In: Choice of Law and Multistate Justice, Special Edition

Conflicts of Laws for the Third Millennium purpose of applying to each legal situation the law that is the most appro- priate, the closest, and we realize that the forum's law is not always the one to be applied. It is not a blind, but a motivated, justified, selection. We accept a foreign law out of a

In: International Conflict of Laws for the Third Millennium: Essays in Honor of Friedrich K. Juenger

of the world. As a result of mutual solidarity and fair distribution of the benefits of economic development, moreover, the standard of living in the Union's weaker regions has increased enormously .... Fifty years on, however, the Union stands at a crossroads, a defin- ing moment in its

In: Consumer Protection in the 21st Century: A Global Perspective

national law, that is from those who champion the rule of law in the life of nations. I9 This is not the place to attempt to resolve these questions, yet they 16 See, e.g., Danny Abir, Note, Suing a Foreign Government: A Note on Siderman v. Republic of Argentina, 15 WHITTIER 1. REV. 575 (1994); David

In: Suing Foreign Governments and Their Corporations, 2nd Edition

sourcing contracts, the primary force motivating both parties throughout the contract’s implementation is maintaining their legal relationship. The seller hopes to sell next year’s harvest to the buyer, and the buyer wants to develop a reliable continuing supply. If there is a legal flaw in the manner in

In: Drafting Successful Access and Benefit-sharing Contracts

again the need to create distance from the rigid territorial rules. This trend was principally motivated by severe criticism voiced by schol- ars against the concept of vested rights.29 The guiding principal, as put ognized by English Courts." A.V. DICEY, A DIGEST OF THE LAW OF ENGLAND WITH REFERENCE

In: Forum Non Conveniens in the Modern Age: A Comparative and Methodological Analysis of Anglo-American Law

which the victim and the offender had known each other, very often married or living together, now the number of homicides committed to a person unknown to the offender, or homicides having the characteristics of reckoning have been increasing. The latter feature leads to the forms of crime which

In: Crime, Criminal Law and Criminal Justice in Europe