One of the great enterprises of the nineteenth century was to
systematize the law of contracts. Since the mid-twentieth century,
there has been general agreement that the systems have come
unstuck. Yet older doctrinal formulations have lived on. Further
intricacies have been added to already complicated doctrines. Vague
doctrines have replaced rigid ones. The fundamental problem with
nineteenth century contract theory has been sidestepped. Contract
was defined in terms of the will of the parties. This theory could
not explain why the parties are often bound by terms to which they
did not consciously assent, and sometimes they are not bound by
harsh terms to which they assented. Contemporary approaches either
neglect the idea of fairness entirely or explain it through liberal
considerations of choice. Foundations of American Contract Law
systematically re-examines the major doctrines of American contract
law. It presents an alternative approach that reconciles concerns
about fairness, party autonomy, and the purposes that a contract
serves for society and the parties themselves. It shows how this
alternative better explains the enforceability of contracts, relief
for unconscionable terms, the effect of mistake, fraud, duress and
changed circumstances, and problems of assent, interpretation, good
faith, and remedies for breach of contract.
General
Imprint: |
Oxford UniversityPress
|
Country of origin: |
United States |
Release date: |
November 2023 |
Authors: |
James Gordley
|
Dimensions: |
235 x 156mm (L x W) |
Pages: |
344 |
ISBN-13: |
978-0-19-768608-9 |
Categories: |
Books
|
LSN: |
0-19-768608-7 |
Barcode: |
9780197686089 |
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