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The Richness of Contract Law : An Analysis and Critique of Contemporary Theories of Contract Law - Robert A. Hillman

The Richness of Contract Law

An Analysis and Critique of Contemporary Theories of Contract Law

Paperback Published: 30th April 1998
ISBN: 9780792350637
Number Of Pages: 279

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Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely 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. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.

Introductionp. 1
Theories of Contract: Promise and Non-Promissory Principlesp. 7
Theories of Promissory Estoppel: Reliance and Promisep. 43
Theories of Contractarians and their Critics: Marriages and Corporationsp. 79
Theories of Contextualists and Neo-Formalistsp. 125
"Mainstream" Contract Theories and Critical Legal Studiesp. 173
Theories of Economic Analysts of Contract Law and their Criticsp. 213
Theories of Empiricists and Relationalistsp. 241
Modern Contract Law and the Limits of Contract Theoryp. 267
Indexp. 275
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780792350637
ISBN-10: 0792350634
Series: Law and Philosophy Library
Audience: General
Format: Paperback
Language: English
Number Of Pages: 279
Published: 30th April 1998
Publisher: Springer
Country of Publication: NL
Dimensions (cm): 23.39 x 15.6  x 1.6
Weight (kg): 0.42
Edition Type: New edition