Description
Book SynopsisContractual 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.
Trade ReviewIts themes will resonate with a range of audiences, including private law theorists of all varieties, anyone struggling to identify the relational character of contract law and reconcile it with current judicial practice, and those wishing to gain a better understanding of the role of contract law in supporting a market economy, and why the current law, despite appearances, often fails in this endeavour. * CATHERINE MITCHELL, Journal of Law and Society *
Table of ContentsPart 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
