Philosophical Foundations of Contract Law

Philosophical Foundations of Contract Law

Author: Gregory Klass

Publisher: OUP Oxford

Published: 2014-12-18

Total Pages: 417

ISBN-13: 019102208X

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In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.


A History of the Common Law of Contract

A History of the Common Law of Contract

Author: A. W. B. Simpson

Publisher: Oxford University Press

Published: 1987

Total Pages: 700

ISBN-13: 9780198255734

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The common law is one of two major and successful systems of law developed in Western Europe, and in one form or another is now in force not only in the country of its origin but also in the United States and large parts of the British Commonwealth and former parts of the Empire.


Contract in Context

Contract in Context

Author: Richard Austen-Baker

Publisher: Routledge

Published: 2014-08-27

Total Pages: 174

ISBN-13: 1135096120

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Contract in Context provides an easy to read, in depth analysis of the purpose and role of contract law and the theories that surround it. It looks at the historical development of contract law as well as providing detailed analysis of some of the leading theoretical explanations and how they are applied on an international level. The book’s accessibility is enhanced by text boxes defining key concepts and terms and by bullet-point lists and descriptions further enlivened by biographical notes for leading figures and scholars. This ensures that students are able to gain a firm grasp and a clear understanding of the narratives and theories explained in the book. Contract in Context is unique in that it is not limited to one jurisdiction, making it ideal for students around the globe wishing to develop or expand their knowledge of contract law.