This is the first booklength survey of the Anglo-American common
law contract over its 800-year history, from genesis in
12th-century England to the present form in contemporary America.
The volume presents a technically accurate yet readable analysis
that focuses on how the form assumed by contract law was tempered
by the reasoning of lawyers and judges, and procedural, economic,
intellectual and social considerations throughout the period. Of
perennial interest to lawyers is the changing nature of law and how
a sophisticated legal system allows that change. Teeven suggests
that contract law is an ideal focus for studying the evolution of
common law because it is a microcosm of the process of the
development of common law. Early chapters study how the Plantagenet
royal courts rationalized the use of a trespassory action to fill a
void in the actions available to plaintiffs for contract
enforcement and analyze how the law of proof influenced contract
law's evolution. Teeven assesses the influence of law merchant on
contract law as reflected in the decisions of Lord Mansfield and
the case law of Colonial America, and he surveys the reception of
English contract law by the American colonies. Later chapters
consider the American form of contract law of the 19th century and
discuss the influence on contract law of the burgeoning merchant
class. The last two chapters analyze 20th-century modernization of
contract law in the context of an urban, industrialized society;
reviews public policy, consumerism, and codification; and poses
questions about the future direction of contract law. Containing
essential source material within the arguments of lawyers for
plaintiffs and defendants and the logic of common law judges, A
History of the Anglo-American Common Law of Contract is an
important resource for legal historians and other researchers, and
for practicing lawyers and law students, both English and American.
General
Imprint: |
Praeger Publishers Inc
|
Country of origin: |
United States |
Series: |
Contributions in Legal Studies |
Release date: |
October 1990 |
First published: |
October 1990 |
Authors: |
Kevin M. Teeven
|
Dimensions: |
235 x 156 x 25mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
400 |
ISBN-13: |
978-0-313-26151-0 |
Categories: |
Books >
Law >
General
|
LSN: |
0-313-26151-2 |
Barcode: |
9780313261510 |
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