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Borderlines in Private Law

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The Richness of Contract Law


ISBN13: 9780792343363
ISBN: 0792343360
Published: December 1996
Publisher: Kluwer Law International
Format: Hardback
Price: Out of print



This text compiles and evaluates theories of contract law. The author offers his own practical perspective that emphasizes contract law's complexity and questions the utility of abstract unitary theories. The text should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory. Each chapter presents a pair of 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.

Contents:
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.