The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.
Gregory Klass is Professor of Law at Georgetown University. His works include Insincere Promises (with Ian Ayres, Yale, 2005), and Contract Law in the USA (Kluwer, 2nd ed. 20 12). George Letsas is Reader in Philosophy of Law and Human Rights at University College, London. His work includes A Theory of Interpretation of the ECHR (OUP, 2007). Prince Saprai is Lecturer in Law at University College, London. His research focuses on the theory of private law.
Inhaltsangabe
* Introduction * Part I: Theoretical Approaches * 1: Charles Fried: The Ambitions of Contract as Promise * 2: Randy E. Barnett: Contract is not Promise; Contract is Consent * 3: Joseph Raz: Is There a Reason to Keep a Promise? * 4: Daniel Owens: Does a Promise Transfer a Right? * 5: Dori Kimel: Personal Autonomy and Change of Mind in Promise and in Contract * 6: J.E. Penner: Promises, Agreements, and Contracts * 7: Charlie Webb: Contract as Fact and as Reason * 8: Liam Murphy: The Practice of Promise and Contract * 9: Avery W. Katz: Economic Foundations of Contract Law * 10: Aditi Bagchi: Distributive Justice and Contract * Part II: Doctrinal Analysis * 11: Margaret Jane Radin: 1. An Analytic Framework for Legal Evaluation of Boilerplate * 12: Lisa Bernstein: Merchant Law in a Modern Economy * 13: Daniel Markovits: Good Faith as Contract's Core Value * 14: Mindy Chen-Wishart: The Nature of Vitiating Factors in Contract Law * 15: George Letsas and Prince Saprai: Mitigation, Fairness and Contract Law * 16: Stephen A. Smith: Remedies for Breach of Contract: One Principle or Two? * 17: Gregory Klass: Efficient Breach
* Introduction * Part I: Theoretical Approaches * 1: Charles Fried: The Ambitions of Contract as Promise * 2: Randy E. Barnett: Contract is not Promise; Contract is Consent * 3: Joseph Raz: Is There a Reason to Keep a Promise? * 4: Daniel Owens: Does a Promise Transfer a Right? * 5: Dori Kimel: Personal Autonomy and Change of Mind in Promise and in Contract * 6: J.E. Penner: Promises, Agreements, and Contracts * 7: Charlie Webb: Contract as Fact and as Reason * 8: Liam Murphy: The Practice of Promise and Contract * 9: Avery W. Katz: Economic Foundations of Contract Law * 10: Aditi Bagchi: Distributive Justice and Contract * Part II: Doctrinal Analysis * 11: Margaret Jane Radin: 1. An Analytic Framework for Legal Evaluation of Boilerplate * 12: Lisa Bernstein: Merchant Law in a Modern Economy * 13: Daniel Markovits: Good Faith as Contract's Core Value * 14: Mindy Chen-Wishart: The Nature of Vitiating Factors in Contract Law * 15: George Letsas and Prince Saprai: Mitigation, Fairness and Contract Law * 16: Stephen A. Smith: Remedies for Breach of Contract: One Principle or Two? * 17: Gregory Klass: Efficient Breach
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