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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Philosophical Foundations of Contract Law (Paperback)
Loot Price: R1,635
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Philosophical Foundations of Contract Law (Paperback)
Series: Philosophical Foundations of Law
Expected to ship within 12 - 19 working days
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In 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 provide a picture of the current
state of research in this revitalized area of law, and pave the way
for future study and debate.
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