Description
Book SynopsisIn recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as ''the contract and promise debate''. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays prov
Trade Review...[T]his superb book makes an exceptionally valuable contribution to the scholarship of this complex and fascinating area. No serious law library should be without it. * Greg Gordon, Edinburgh Law Review *
Anyone interested in theoretical discussions of contract law would be well advised to read this book...[It] offers a treasure of scholarly material to satisfy a wide range of interests... Philosophical Foundations of Contract Law is exemplary in the consistently high quality of the pieces, from first to last. * Brian Bix, Cambridge Law Journal *
Table of ContentsPART I: THEORETICAL APPROACHES; PART II: DOCTRINAL ANALYSIS
