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Contractual Relations is a critique of the theoretical, doctrinal and practical foundations of the entire law of contract. It argues that resolution of the inadequacies of the classical law of contract, and of the welfarist response to the classical law, requires recognition of the social relational nature of exchange and contract.
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Contractual Relations is a critique of the theoretical, doctrinal and practical foundations of the entire law of contract. It argues that resolution of the inadequacies of the classical law of contract, and of the welfarist response to the classical law, requires recognition of the social relational nature of exchange and contract.
Produktdetails
- Produktdetails
- Verlag: Oxford University Press, USA
- Seitenzahl: 464
- Erscheinungstermin: 29. Dezember 2022
- Englisch
- Abmessung: 226mm x 168mm x 48mm
- Gewicht: 862g
- ISBN-13: 9780198855156
- ISBN-10: 019885515X
- Artikelnr.: 66154572
- Verlag: Oxford University Press, USA
- Seitenzahl: 464
- Erscheinungstermin: 29. Dezember 2022
- Englisch
- Abmessung: 226mm x 168mm x 48mm
- Gewicht: 862g
- ISBN-13: 9780198855156
- ISBN-10: 019885515X
- Artikelnr.: 66154572
David Campbell was educated at Cardiff University, UK (BSc(Econ) 1980), the University of Michigan School of Law, USA (LLM 1985), and the University of Edinburgh, UK (PhD 1985). Since 1985, he has taught at several British universities and in Australia, Hong Kong, Japan, New Zealand, Spain, and the USA. He is now a Professor at the Lancaster University School of Law, UK. Professor Campbell has written extensively on a wide range of legal and social-scientific issues. He is a leading contributor to the law of contract, particularly to 'the relational theory of contract', and to the economic, legal, and social theory of regulation.
* Part 1: Introduction: Economic Exchange and Legal Contract
* 1: Choice, Mutual Advantage in Exchange, and Freedom of Contract
* 2: Exchange, Relational Contract, and Mutual Recognition
* Part 2: The Relational Constitution of the Law of Contract
* 3: The Relational Constitution of Agreement (1): From Caveat Emptor
to Caveat Venditor
* 4: The Relational Constitution of Agreement (2): Business Efficacy
and Good Faith
* 5: The Relational Constitution of Bargain (1): Formalism, Substance
and Good Faith in Consideration
* 6: The Relational Constitution of Bargain (2): Procedure and Fairness
in Consideration
* 7: The Relational Constitution of Bargain (3): Fairness in
Legislation and Common Law
* 8: The Relational Constitution of Remedy (1): Performance and
Expectation
* 9: The Relational Constitution of Remedy (2): Literal Enforcement as
a Substitute for Damages
* 10: The Spectrum of Contracts: Presentiation and Adjustment
* Part 3: Conclusion: The Nature of Economic Action and the Nature of
the Law of Contract
* 11: Absolute Knowledge of the Law of Contract
* 12: The Maximalist Welfare State, Inchoate Communism, and Betterment
* 1: Choice, Mutual Advantage in Exchange, and Freedom of Contract
* 2: Exchange, Relational Contract, and Mutual Recognition
* Part 2: The Relational Constitution of the Law of Contract
* 3: The Relational Constitution of Agreement (1): From Caveat Emptor
to Caveat Venditor
* 4: The Relational Constitution of Agreement (2): Business Efficacy
and Good Faith
* 5: The Relational Constitution of Bargain (1): Formalism, Substance
and Good Faith in Consideration
* 6: The Relational Constitution of Bargain (2): Procedure and Fairness
in Consideration
* 7: The Relational Constitution of Bargain (3): Fairness in
Legislation and Common Law
* 8: The Relational Constitution of Remedy (1): Performance and
Expectation
* 9: The Relational Constitution of Remedy (2): Literal Enforcement as
a Substitute for Damages
* 10: The Spectrum of Contracts: Presentiation and Adjustment
* Part 3: Conclusion: The Nature of Economic Action and the Nature of
the Law of Contract
* 11: Absolute Knowledge of the Law of Contract
* 12: The Maximalist Welfare State, Inchoate Communism, and Betterment
* Part 1: Introduction: Economic Exchange and Legal Contract
* 1: Choice, Mutual Advantage in Exchange, and Freedom of Contract
* 2: Exchange, Relational Contract, and Mutual Recognition
* Part 2: The Relational Constitution of the Law of Contract
* 3: The Relational Constitution of Agreement (1): From Caveat Emptor
to Caveat Venditor
* 4: The Relational Constitution of Agreement (2): Business Efficacy
and Good Faith
* 5: The Relational Constitution of Bargain (1): Formalism, Substance
and Good Faith in Consideration
* 6: The Relational Constitution of Bargain (2): Procedure and Fairness
in Consideration
* 7: The Relational Constitution of Bargain (3): Fairness in
Legislation and Common Law
* 8: The Relational Constitution of Remedy (1): Performance and
Expectation
* 9: The Relational Constitution of Remedy (2): Literal Enforcement as
a Substitute for Damages
* 10: The Spectrum of Contracts: Presentiation and Adjustment
* Part 3: Conclusion: The Nature of Economic Action and the Nature of
the Law of Contract
* 11: Absolute Knowledge of the Law of Contract
* 12: The Maximalist Welfare State, Inchoate Communism, and Betterment
* 1: Choice, Mutual Advantage in Exchange, and Freedom of Contract
* 2: Exchange, Relational Contract, and Mutual Recognition
* Part 2: The Relational Constitution of the Law of Contract
* 3: The Relational Constitution of Agreement (1): From Caveat Emptor
to Caveat Venditor
* 4: The Relational Constitution of Agreement (2): Business Efficacy
and Good Faith
* 5: The Relational Constitution of Bargain (1): Formalism, Substance
and Good Faith in Consideration
* 6: The Relational Constitution of Bargain (2): Procedure and Fairness
in Consideration
* 7: The Relational Constitution of Bargain (3): Fairness in
Legislation and Common Law
* 8: The Relational Constitution of Remedy (1): Performance and
Expectation
* 9: The Relational Constitution of Remedy (2): Literal Enforcement as
a Substitute for Damages
* 10: The Spectrum of Contracts: Presentiation and Adjustment
* Part 3: Conclusion: The Nature of Economic Action and the Nature of
the Law of Contract
* 11: Absolute Knowledge of the Law of Contract
* 12: The Maximalist Welfare State, Inchoate Communism, and Betterment