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The Choice Theory of Contracts

ISBN13: 9781107135987
Published: April 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £84.99
Paperback edition , ISBN13 9781316501702

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This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'?

What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law.

This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.

Contract Law

Part I. Autonomy as a Contract Value:
1. The challenge of autonomy
2. Promise theory
3. Transfer theory
4. Recovering autonomy

Part II. The Goods of Contract:
5. Utility
6. Community

Part III. The Choice Theory of Contracts:
7. Contractual freedom
8. How contract values relate
9. Contract spheres
10. Contract types
11. Market for new types
12. Choice theory in practice