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Principles of Contract Law and Theory


ISBN13: 9781803929590
Published: December 2023
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £125.00



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This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.

There is a strong commonality across Anglo-American common law systems; however, there have been several critical fissures that have developed between American and English common law over the past fifty years. DiMatteo adopts a multidisciplinary approach, lucidly explaining these differences from both a theoretical and practical perspective, using empirical evidence from case studies to support this research. Chapters focus on a breadth of topics including the duty of good faith, principle of unconscionability, promissory estoppel, statute of frauds, contextual interpretation, and hardship.

Introducing key contract law cases, this book will be an essential read for law students and scholars working in the field of commercial law, particularly those with an interest in the theoretical framework and historical context of modern contract law.

Subjects:
Contract Law
Contents:
Preface
PART I. FOUNDATIONS
1. Introduction to contract law and theory 2 Contract law across legal traditions 3 Tensions and norms of contract law

PART II. FORM AND SUBSTANCE
4. Contract and formality 5 Substance of contract law: agreement 6 Substance of contract law: remedies, excuse, and privity 7 Contracts’ regulatory function 8 Contract interpretation

PART III. CONTRACT TERMS
9. Contract terms and standard form contracting

PART IV. CONTRACT THEORIES
10. Legal history and theories of legal development 11 Classical contract theory 12 Reliance theory, estoppel, fault, and precontractual liability 13 Theories of contract law 14 Critical theory

PART V. CONTRACT LAW IN ACTION
15. Law in books and law in action

Bibliography
Index