Contract Theory

Contract Theory

by Stephen A. Smith
Contract Theory

Contract Theory

by Stephen A. Smith

eBook

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Overview

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.

Product Details

ISBN-13: 9780191018817
Publisher: OUP Oxford
Publication date: 03/25/2004
Series: Clarendon Law Series
Sold by: Barnes & Noble
Format: eBook
File size: 612 KB

About the Author

About The Author
Prof Stephen Smith is Professor of Law at McGill University, Montreal and former Tutor and Fellow in Law at St Anne's College, Oxford.

Table of Contents

1. I: ON THE NATURE OF THEORY What is Contract Theory?
2. II: GENERAL THEORIES OF CONTRACT General Theories: A Provisional Map
3. The Nature of Contractual Obligation
4. The Justification for Contractual Obligation: The Normative Question
5. III: TOPICS IN CONTRACT LAW Introduction to Contract Law Topics
6. Establishing Agreement: Offer and Acceptance
7. The Kinds of Agreements that are Enforced: Consideration, Intent to Create Legal Relations and Formalities
8. The Kinds of Agreements that are not Enforced: Contracts Contrary to Public Policy
9. The Content of a Contract: Interpretation of Contracts
10. Reasons for Setting Aside Contracts: Duress, Unconscionability, Mistake, Misrepresentation, Frustration, Non Performance
11. Breach of Contract
12. Remedies for Breach
13. Who Can Enforce a Contract?
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