Philosophical Foundations of Contract Law

by Gregory Klass, George Letsas, Prince Saprai

Overview

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.

Product Details

ISBN-13:	9780198713012
Publisher:	Oxford University Press
Publication date:	01/27/2015
Series:	Philosophical Foundations of Law
Pages:	416
Product dimensions:	6.70(w) x 9.80(h) x 1.30(d)

About the Author

Gregory Klass, Professor of Law, Georgetown University Law Centre,George Letsas, Reader in Philosophy of Law and Human Rights, Faculty of Laws, University College London,Prince Saprai, Lecturer, Faculty of Laws, University College London

Gregory Klass is Professor of Law at Georgetown University. His works include Insincere Promises (with Ian Ayres, Yale, 2005), and Contract Law in the USA (Kluwer, 2nd ed. 20 12).

George Letsas is Reader in Philosophy of Law and Human Rights at University College, London. His work includes A Theory of Interpretation of the ECHR (OUP, 2007).

Prince Saprai is Lecturer in Law at University College, London. His research focuses on the theory of private law.

Table of Contents

Introduction, Gregory KlassPart I: Theoretical Approaches1. The Ambitions of Contract as Promise, Charles Fried2. Contract is not Promise; Contract is Consent, Randy E. Barnett3. Is There a Reason to Keep a Promise?, Joseph Raz4. Does a Promise Transfer a Right?, Daniel Owens5. Promise, Contract, Personal Autonomy, and the Freedom to Change One's Mind, Dori Kimel6. Promises, Agreements, and Contracts, J.E. Penner7. Contract as Fact and as Reason, Charlie Webb8. The Practice of Promise and Contract, Liam Murphy9. Economic Foundations of Contract Law, Avery W. Katz10. Distributive Justice and Contract, Aditi BagchiPart II: Doctrinal Analysis11. 1. An Analytic Framework for Legal Evaluation of Boilerplate, Margaret Jane Radin12. Merchant Law in a Modern Economy, Lisa Bernstein13. Good Faith as Contract's Core Value, Daniel Markovits14. The Nature of Vitiating Factors in Contract Law, Mindy Chen-Wishart15. Mitigation, Fairness and Contract Law, George Letsas and Prince Saprai16. Remedies for Breach of Contract: One Principle or Two?, Stephen A. Smith17. Efficient Breach, Gregory Klass

Editorial Reviews

"This superb book makes an exceptionally valuable contribution to the scholarship of this complex and fascinating area. No serious law library should be without it.' -Greg Gordon, Edinburgh Law Review

From the Publisher