Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Reconstructing Contracts (Hardcover)
Loot Price: R1,023
Discovery Miles 10 230
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Reconstructing Contracts (Hardcover)
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Total price: R1,043
Discovery Miles: 10 430
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Every legal system must decide how to distinguish between
agreements that are enforceable and those that are not. Formal
bargains in the marketplace and casual promises in a social setting
mark the two extremes, but many hard cases lie between. When gaps
are left in a contract, how should courts fill them? What does it
mean to say that an agreement is legally enforceable? If someone
breaks a legally enforceable contract, what consequences follow?
For 150 years, legal scholars have debated whether a set of
coherent principles provide answers to such basic questions. Oliver
Wendell Holmes put forward the affirmative case, arguing that
bargained-for consideration, expectation damages, and a handful of
related ideas captured the essence of contract law. The work of the
next several generations, culminating in Grant Gilmore's The Death
of Contract in 1974, took a contrary view. The coherence Holmes had
tried to bring to the field was illusory. It was more sensible to
see contracts as merely a species of civil obligation and resist
the temptation to impose rigid and artificial rules. In
Reconstructing Contracts, Douglas Baird takes stock of the current
state of contract doctrine and in the process reinvigorates the
classic framework of Anglo-American contract law. He shows that
Holmes's principles are fundamentally sound. Even if they lack that
talismanic quality formerly ascribed to them, properly understood
they continue to provide the best guide to contracts for a new
generation of students, practitioners, and judges.
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