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Wednesday, May 20, 2020 | History

5 edition of The theory of contract law found in the catalog.

The theory of contract law

The theory of contract law

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  • 39 Currently reading

Published by Cambridge University Press in Cambridge, New York .
Written in English

    Subjects:
  • Contracts

  • Edition Notes

    Includes bibliographical references and index

    Statementedited by Peter Benson
    SeriesCambridge studies in philosophy and law
    ContributionsBenson, Peter, 1953-
    Classifications
    LC ClassificationsK840 .T48 2001
    The Physical Object
    Paginationxiv, 349 p. ;
    Number of Pages349
    ID Numbers
    Open LibraryOL17004181M
    ISBN 100521640385
    LC Control Number00033710

    The book shows that contract law has an underlying unifying moral and practical structure. There may be more legal detail in this book than the theorist requires (as in the discussions of offer and acceptance and conditions), and more theory than is necessary for the law student (as in the early discussion of the morality of promising). “The Choice Theory of Contracts achieves what many had assumed was impossible: a theory that defends contract law as a distinctive legal institution yet which takes as its starting point the existence of diverse modes of contracting, diverse reasons for entering contracts, and diverse justifications for legally supporting by: 5.

    Stefan Grundmann is Professor of European Private Law, Transnational Law and Legal Theory at Humboldt University, Berlin and the European University Institute, Florence. He has written books and commentaries in several languages in contract law, banking law and company law, as well as in private law theory. Contract and the law of obligations. Contract law forms part of the law of obligations. An obligation is a legal bond (vinculum iuris) between two or more parties, obliging the obligor (the ‘debtor’) to give, do or refrain from doing something to or for the obligee (the ‘creditor’).

    Abstract. This book has surveyed, analyzed, and critiqued various modern theories of contract law. My goal in each chapter was to compare the principal insights and perspectives of two largely contrasting theories in order to find possible areas of agreement and to construct a consensus or pluralist : Robert A. Hillman.   Six of the best law books We asked you to tell us which books a future law student should read. Here are the top nominations - and some of the other contenders.


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The theory of contract law Download PDF EPUB FB2

Although the law of contract is largely settled, there is at present no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. This collection of six full-length and original essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives.4/5(1).

Book description. Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law.

Contract Law and Theory, Second Edition conveys a grasp of theory and policy that makes all of the contract rules easier to understand. By explaining and applying contract theory to a wide range of contracts cases, Eric Posner reveals not only the "what" of doctrine but also the "why" -- why one rule rather than another makes sense from a policy by: 2.

This book is the culmination of his research, writing, and reflections on contract law spanning over three decades. Ambitious, innovative, rigorously argued, carefully researched, and clearly written, this work is, in my view, one of the most important contributions to the field of contract theory―if not the most important contribution―in the past 25 years.” ―Stephen A.

Smith, Faculty of Law, McGill : Peter Benson. Part textbook and part original analysis, Smith surveys most of the prominent contemporary theories of contract law and ultimately offers a detailed argument in favor of a unified theory built around the moral force of n Smith has produced an impressive and important book.5/5(1).

This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept.

The book asserts that theoretical constructions have generally proceeded from theory and tapped doctrine as appropriate to establish their premises, but have not been sufficiently considerate of doctrine. A more careful and candid appr More. Scholars have offered positive, normative, and interpretive theories of contract.

These theories have necessarily proceeded from deontic and consequentialist. Contract Law and Theory: Selected Provisions: Restatement of Contracts and Uniform Commercial Code by Robert E. Scott Paperback $ Only 2 left in stock - order soon. Ships from and sold by by: Contract Law and Theory, the leading theoretical casebook on contracts, is based on clear, discernible themes and patterns that underlie much of contract law, and as it develops them explicitly, the student is invited to develop a working model of contract law.

This framework for analyzing and predicting the outcome of contract disputes is then tested through careful case and doctrinal by: The Theory of Contract Law - edited by Peter Benson February Please note, due to essential maintenance online purchasing will be unavailable between and (GMT) on 3rd March We apologise for any by: The Theory of Contract Law - edited by Peter Benson February Skip to main content Accessibility help We use cookies to distinguish you from other users and to provide you with a better experience on our websites.

Close this message to accept cookies or find out how to manage your cookie settings. The subtitle of Charles Fried's enormously influential book, Contract as Promise, is "A Theory of Contractual Obligation." However, the extent to which the book presents a theory of contract law remains controversial and unsettled.

In the book, Fried proclaims that "the promise principle" is "theCited by: 2. demonstrate a thorough working knowledge of contract law: the syllabus aims to give you a good working knowledge of the elements of contract law and the theory underlying it understand contract case law: you should develop the ability to understand contract cases, that is to say the importance of the issues in a case and how the.

The book begins with the most basic, core concept of contract law- exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. Book_Id Book_Name Download; 1: : 2: : 3: ANCIENT_LAW : 4: : 5: : 6.

This book offers a comprehensive analysis in the theories and framework of Chinese contract law as well as its implication in Chinese judicial practices through the recent cases in Chinese people s courts. It aims to provide answers to the above questions in a systematic way, theoretically and practically; it therefore analyzes the issues surrounding the process of contract-making and.

BASIC PRINCIPLES OF ENGLISH CONTRACT LAW INTRODUCTION This Guide is arranged in the following parts: I Formation of a Contract II Contents of a Contract III The end of a Contract I FORMATION OF A CONTRACT 1.

A contract is an agreement giving rise to obligations which are enforced or recognised by law. Size: KB. Contract Theory and the Limits of Contract Law By Schwartz, Alan; Scott, Robert E The Yale Law Journal, Vol.

No. 3, December Read preview Overview The Limits of Voluntariness in Contract By Robertson, Andrew Melbourne University Law Review, Vol. 29, No. 1, April The Death of Contract is a book by American law professor Grant Gilmore, written inabout the history and development of the common law of contracts.

Gilmore's central thesis was that the Law of Contracts, at least as it existed in the 20th-century United States was largely artificial: it was the work of a handful of scholars and judges building a system, rather than a more organic.

Hi Fellow Law students, I am sharing PDF notes, book and eBook for the subject - Contract Law for LLB and course students. The attached PDF eBook of Contract Law contains lecture quick revision notes that will help you understand /5(8). theory of contract law that focuses only on the enforcement of bargains must still consider the entire continuum from standard form contracts between firms and consumers to commercial contracts between business firms.

No descriptive theory has yet explained a law of. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law.

This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general Author: Peter Benson.This article identifies a set of methodological commitments that help to explain the methodological differences between autonomy (deontic) and economic contract theories that have opposing views about the nature of law and legal theory.

It begins with the discussion of the four methodological issues that divide contemporary autonomy and economic theories of by: 9.