Contract Theory
Series: Clarendon Law Series;
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Product details:
- Publisher OUP Oxford
- Date of Publication 25 March 2004
- ISBN 9780198765615
- Binding Paperback
- No. of pages480 pages
- Size 216x138x28 mm
- Weight 604 g
- Language English 0
Categories
Short description:
This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract.
MoreLong description:
This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts.
Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories.
Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories.
In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.
Table of Contents:
What is Contract Theory?
Introduction to General Theories: Classification and Overview
The Nature of Contractual Obligations: The Analytic Question
The Justification of Contractual Obligations: The Normative Question
Establishing Agreement: The Law of Offer and Acceptance
The Kinds of Agreements that are Enforced: Formalities, Intention to Create Legal Relations, Consideration, and Estoppel
The Kinds of Agreements not Enforced: Substantive Limitations on Enforceability
The Content of the Contract: Interpreting and Implying Terms
Excuses for Non-Performance: Duress, Unconscionability, Mistake, Misrepresentation, Frustration, and Discharge for Breach
Breach of Contract: The Puzzle of Strict Liability
Remedies for Breach
