The Richness of Contract Law: An Analysis and Critique of Contemporary Theories of Contract Law

ISBN-13: 9780792350637 / Angielski / Miękka / 1998 / 279 str.

Robert A. Hillman; R. a. Hillman

Opis

Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.

Spis treści

Preface. Introduction. 1. Theories of Contract: Promise and Non-Promissory Principles. 2. Theories of Promissory Estoppel: Reliance and Promise. 3. Theories of Contractarians and Their Critics: Marriages and Corporations. 4. Theories of Contextualists and Neo-Formalists. 5. `Mainstream' Contract Theories and Critical Legal Studies. 6. Theories of Economic Analysts of Contract Law and Their Critics. 7. Theories of Empiricists and Relationalists. 8. Modern Contract Law and The Limits of Contract Theory. Index.