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."..fascinating and important contribution to the current debates. Part textbook and part original analysis, Smith surveys most of the prominent contemporary theories of contract law and ultimately offers a detailed argument in favor of a unified theory built around the moral force of promising....Stephen Smith has produced an impressive and important book. It provides a detailed and nearly comprehensive introduction to contemporary theories of contract law. Perhaps more importantly, it makes important contributions both to the theory of promising and contracts and to the larger issue of how scholars should adjudicate between the claims of competing theories of the law."--Michigan Law Review
Product Description
This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.
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Front Cover | Copyright | Table of Contents | Excerpt | Index | Back Cover
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Front Cover | Copyright | Table of Contents | Excerpt | Index | Back Cover
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Format:Paperback|Amazon Verified Purchase
I needed a textbook for my contract law exam that was specifically geared towards the theoretical part of contract law. Contract Theory was an absolute lifesaver, it explains in an excellent, easy to understand way the will and reliance theory- which was a major part of my course! Most standard textbooks hardly ever touch these theories in detail and the only way to actually get to grips is to try to read C.Fried 'contract as Promise' and P.Atiyahs 'essay on contract'- both which are time consuming and quite hard to read, especially if your in the first year and just about getting to grips with how the law works.
I would thoroughly recommend this book, It enabled me to write a great essay in my exam. My only regret is that i bought it quite late in the course! Buy it if your studying contract law! Its brilliant!
I would thoroughly recommend this book, It enabled me to write a great essay in my exam. My only regret is that i bought it quite late in the course! Buy it if your studying contract law! Its brilliant!
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