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Transplantation also occurs where a legal theory is taken to another geographical area. As in the case of imposed reception or voluntary reception, an original transplantation may become true reception: of course not among the group or nation which is the carrier of transplantation but among the legal culture surrounding it in the new area.
Reception theory is generally referred to as audience reception in the analysis of communications models. In literary studies, reception theory originated from the work of Hans-Robert Jauss in the late 1960s, and the most influential work was produced during the 1970s and early 1980s in Germany and the US (Fortier 132), with some notable work ...
Transplantation also occurs where a legal theory is taken to another geographical area. As in the case of imposed reception or voluntary reception, an original transplantation may become true reception: of course not among the group or nation which is the carrier of transplantation but among the legal culture surrounding it in the new area.
Macneil's theory posits that the traditional approach of doctrinal contract law in the common law countries, which he calls "classical" and "neoclassical", which concentrates on "the deal" at its time of making, and treats individual contracts as discrete entities, is an inadequate and inaccurate tool for the study of contracts. [7]
Smith v Hughes (1871) on unilateral mistake and the objective approach to interpretation of contracts; Foakes v Beer [1] (1884) on part payments of debt (with a notable dissenting opinion by Lord Blackburn) The Hong Kong Fir (1961) on innominate terms, allowing the court remedial flexibility
A reception statute is a statutory law adopted as a former British colony becomes independent by which the new nation adopts, or receives, the English common law before its independence to the extent not explicitly rejected by the legislative body or constitution of the new nation.
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Contract theory in economics began with 1991 Nobel Laureate Ronald H. Coase's 1937 article "The Nature of the Firm". Coase notes that "the longer the duration of a contract regarding the supply of goods or services due to the difficulty of forecasting, then the less likely and less appropriate it is for the buyer to specify what the other party should do."