This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010). Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract. The collection ends with the author's valedictory lecture, 'Contract: An Underview'. In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.
It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.
Coote on the New Zealand Contract Statutes collects in a single volume the most important of Emeritus Professor Brian Coote's writings on the New Zealand contract statutes relating to mistake, privity of contract, contractual remedies and illegality. The most distinguished New Zealand contract lawyer of his generation, Prof Coote served for 20 years on the Contracts and Commercial Law Reform Committee, whose work led to enactment of the contract statutes. The recent consolidation of the legislation in the Contract and Commercial Law Act 2017 makes this a very timely work.
“We are not worth more, they are not worth less.” This is the mantra of S. Brian Willson and the theme that runs throughout his compelling psycho-historical memoir. Willson’s story begins in small-town, rural America, where he grew up as a “Commie-hating, baseball-loving Baptist,” moves through life-changing experiences in Viet Nam, Nicaragua and elsewhere, and culminates with his commitment to a localized, sustainable lifestyle. In telling his story, Willson provides numerous examples of the types of personal, risk-taking, nonviolent actions he and others have taken in attempts to educate and effect political change: tax refusal—which requires simplification of one’s lifestyle; fasting—done publicly in strategic political and/or therapeutic spiritual contexts; and obstruction tactics—strategically placing one’s body in the way of “business as usual.” It was such actions that thrust Brian Willson into the public eye in the mid-’80s, first as a participant in a high-profile, water-only “Veterans Fast for Life” against the Contra war being waged by his government in Nicaragua. Then, on a fateful day in September 1987, the world watched in horror as Willson was run over by a U.S. government munitions train during a nonviolent blocking action in which he expected to be removed from the tracks and arrested. Losing his legs only strengthened Willson’s identity with millions of unnamed victims of U.S. policy around the world. He provides details of his travels to countries in Latin America and the Middle East and bears witness to the harm done to poor people as well as to the environment by the steamroller of U.S. imperialism. These heart-rending accounts are offered side by side with inspirational stories of nonviolent struggle and the survival of resilient communities Willson’s expanding consciousness also uncovers injustices within his own country, including insights gained through his study and service within the U.S. criminal justice system and personal experiences addressing racial injustices. He discusses coming to terms with his identity as a Viet Nam veteran and the subsequent service he provides to others as director of a veterans outreach center in New England. He draws much inspiration from friends he encounters along the way as he finds himself continually drawn to the path leading to a simpler life that seeks to “do no harm.&rdquo Throughout his personal journey Willson struggles with the question, “Why was it so easy for me, a ’good’ man, to follow orders to travel 9,000 miles from home to participate in killing people who clearly were not a threat to me or any of my fellow citizens?” He eventually comes to the realization that the “American Way of Life” is AWOL from humanity, and that the only way to recover our humanity is by changing our consciousness, one individual at a time, while striving for collective cultural changes toward “less and local.” Thus, Willson offers up his personal story as a metaphorical map for anyone who feels the need to be liberated from the American Way of Life—a guidebook for anyone called by conscience to question continued obedience to vertical power structures while longing to reconnect with the human archetypes of cooperation, equity, mutual respect and empathy.
Bearin's: The Book " by Brian Robbins is a collection of columns written for "Commercial Fisheries News" over the past 20 years. These author selected columns are the best of Robbins' unique blend of humor, wry observations, and personal reflections on life. Originally written for a commercial fishing audience, these columns encompass characters, situations, and themes that are bound to resonate with all readers. He'll make you laugh, maybe even shed a tear, and definitely leave you wanting more.Bearin's (bar'ins)-When you're on the water, the act of figuring out where you are and what's going on is known as "getting your bearings." The same applies to life itself. In the Northeast, we often don't fuss around with the letter "g" at the ends of our words. Therefore, we have the title "Bearin's".Reviews:"I invite you to put your hand on the cover of this book, close your eyes and see if you can feel its heart beating. If you do, then try laughing a bit, too. Now you're in the spirit of Brian Robbins, telling his tales that will make you laugh so hard you'll have to lay down on the couch, but eventually he'll also get you right where it counts as you feel his spirit in the depths of your heart." Randy Olson, Ph.D. (a.k.a. "Doc Urchin"); scientist-turned-filmmaker; author of Don't Be Such a Scientist: Talking Substance in an Age of Style"Brian Robbins' tales are hysterically accurate, showing great humor in the mishaps and misadventures of dockside denizens." Crash Barry; author of Sex, Drugs and Blueberries and Matinicus: True Stories from Maine's Toughest Island
This groundbreaking book explores the relevance of queer theory to Translation Studies and of translation to Global Sexuality Studies. Beginning with a comprehensive overview of the origins and evolution of queer theory, this book places queer theory and Translation Studies in a productive and mutually interrogating relationship. After framing the discussion of actual and potential interfaces between queer sexuality and queer textuality, the chapters trace the transnational circulation of queer texts, focusing on the place of translation in "gay" anthologies, the packaging of queer life writing for global audiences, and the translation of lyric poetry as a distinct site of queer performativity. Baer analyzes fictional translators in literature and film, the treatment of translation in historical and ethnographic studies of sexual and linguistic others, the work of queer translators, and the reception of queer texts in translation. Including a range of case studies to exemplify key ethical issues relevant to all scholars of global sexuality and postcolonial studies, this book is essential reading for advanced students, scholars, and researchers in Translation Studies, gender and sexuality studies, and related areas.
This second collection of Brian Coote's previously published writings is for the most part a follow-up to his Contract as Assumption (Hart Publishing, 2010). Part of the theme of that collection was that in a bilateral contract the obligations of the parties, both primary and secondary, are those which at formation they have each assumed, that is, have taken upon themselves. Being exchanged at the point of formation, these assumptions constitute the consideration. The institution of contract provides a facility the purpose of which is to enable the parties thereby to bind themselves to legal (contractual) obligation. This emphasis on what happens at formation has prompted the inclusion of several of the papers in this collection. These focus on intention, offer and acceptance, the qualification of primary and secondary obligations whether express or implied, agency, and the effect of illegality on pre-existing rights. Falling outside this group are two pieces respectively on chance and the burden of proof and on impecuniosity, in each case in tort as well as in contract. The collection ends with the author's valedictory lecture, “Contract – an Underview”. In this paper, delivered on his retirement from the University of Auckland, he summed up his thinking on Contract. It is now for the first time given general currency.
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