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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Theory of Contract Law: New Essays

ISBN13: 9780521640381
ISBN: 0521640385
Published: April 2001
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: Price on Application
Paperback edition , ISBN13 9780521041324

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. 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 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. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest new and promising ways to develop theory of contract law.

Contract Law
Introduction Peter Benson; 1. Two economic theories of enforcing promises Richard Craswell; 2. The scope and limits of legal paternalism: altruism and coercion in family financial arrangements Michael Trebilcock and Steven Elliott; 3. Promises and contracts T. M. Scanlon; 4. Outline of a theory of contract Peter Benson; 5. The theory of contracts Melvin Eisenberg; 6. Contract law in the Aristotelian tradition James Gordley.