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Contract Law: Vol 1 & 2

ISBN13: 9781855211216

ISBN: 1855211211

Published: July 1991

Publisher: Routledge

Format: Hardback

Price: Out of print

A collection of essays on contract law in two volumes covering topics ranging from a consent theory of contract and the abstract character of contract law to equality in exchange, the amorality of contract remedies, and contract law and distributive justice.

Contents:: Volume 1: a consent theory of contract, Randy Barnett; paradox lost, F.H. Buckley; enforcing promises - an examination of the basis of contract, Charles Goetz and Robert Scott; contract law and modern economic theory, Daniel Farber; value in contract - internal and external, Ian Macneil; contracts, promises and the law of obligations, P.S.Atiyah; the bargain principle and its limit, Melvin Eisenbergy; contract law, default rules, and the philosophy of promising, Richard Draswell; a bargaining theory approach to default provisions and disclosure rules in contract law, Jules Coleman et al; the abstract character of contract law, Christopher Wonnell. Volume 2: equality in exchange, James Gordley; contracts of adhesion, Todd Rakoff; unconscionability - a critical appraisal, Richard Epstein; the reliance interest in contract damages, Lon Fuller and Silliam Perdue Jr; liquated damages, penalties and the just compensation principle - some notes on an enforcement model and a theory of efficient breach, Charles Goetz and Robert Scott; on the amorality of contract rededies - efficiency, equity and the second restatement, Peter Linzer; efficient breach of contract - circles in the sky, Ian Macneil; the case for specific performance, Alan Schwartz; the choice of remedy for breach of contract, William Bishop; contract law and distributive justice, Larry Alexander and William Wang; distributive and paternalist motives in contract and tort law, with special reference to compulsory terms and unequal bargaining power, Duncan Kennedy; paternalism and the law of contracts, Anthony Kronman.