翻訳と辞書 Words near each other ・ The Rise & Rule of Ancient Empires ・ The Rise (band) ・ The Rise (Carl Riseley album) ・ The Rise (DJ Sammy album) ・ The Rise (film) ・ The Rise and Fall ・ The Rise and Fall of a White Collar Hooligan ・ The Rise and Fall of an Urban School System ・ The Rise and Fall of Butch Walker and the Let's-Go-Out-Tonites ・ The Rise and Fall of Charlie Parker ・ The Rise and Fall of Comrade Zylo ・ The Rise and Fall of Darth Vader ・ The Rise and Fall of ECW ・ The Rise and Fall of English Montreal ・ The Rise and Fall of Flingle Bunt ・ The Rise and Fall of Freedom of Contract ・ The Rise and Fall of Legs Diamond ・ The Rise and Fall of Little Voice ・ The Rise and Fall of Qing Dynasty ・ The Rise and Fall of Ruby Woo ・ The Rise and Fall of Squizzy Taylor ・ The Rise and Fall of Sue Sylvester ・ The Rise and Fall of the Christian Coalition ・ The Rise and Fall of the Confederate Government ・ The Rise and Fall of the Great Lakes ・ The Rise and Fall of the Great Powers ・ The Rise and Fall of the Third Reich ・ The Rise and Fall of the Third Stream ・ The Rise and Fall of Ziggy Stardust and the Spiders from Mars ・ The Rise and Rise of Michael Rimmer Dictionary Lists mini英和辞書 mini和英辞書 Webster 1913 Latin-English FOLDOC Wikipedia English ウィキペディア

翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク The Rise and Fall of Freedom of Contract ： ウィキペディア英語版 The Rise and Fall of Freedom of Contract ''The Rise and Fall of Freedom of Contract'' (1979) is a legal-historical text on the changes in the concept of freedom of contract by English Professor Patrick Atiyah. It was published by the Oxford University Press, and a paperback edition was released in 1985. ==Summary== The central theme is that the notion of a contract based on consent (or a "meeting of minds") was almost entirely absent before 1800 in the law. Instead it was based on reliance or the receipt of a benefit.〔Ch.6 and p.499〕 You could revoke a promise, and the concept of an executory contract was unknown.〔Ch.7〕 Moreover, courts were more concerned with the fairness of an exchange, and not concerned merely to uphold promises or the parties' will. Damages reflected that, only being for the value of exchange, not the loss of a bargain.〔pp.142, 195, 199-200〕 Then, after 1800, the concept of contractual freedom "rose". Promises and the "intentions" of parties "became the paradigm of contract theory."〔p.420〕 Atiyah argues that it began with the notion of freedom of property, summed up in the phrase of Sir Edward Coke in ''Semayne's case'' that every man's home is his castle.〔pp. 85-6, 116〕 Following that was the transition from a property to a contract based society. After 1900, however, freedom of contract had had its heyday. Atiyah illustrates how the growth of consumer protection, rent and employment legislation has moved contract back into smaller confines, based on general notions of fairness. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「The Rise and Fall of Freedom of Contract」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.