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The Richness of Contract Law - An Analysis and Critique of Contemporary Theories of Contract Law (Hardcover, 1997 ed.)
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The Richness of Contract Law - An Analysis and Critique of Contemporary Theories of Contract Law (Hardcover, 1997 ed.)
Series: Law and Philosophy Library, 28
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Scholars have produced a wide variety of theoretical work on
contract law. This is the first book to compile it, to present it
coherently, to evaluate it, and to supply numerous references to
additional sources. The author also offers his own practical
perspective that emphasizes contract law's richness and complexity
and questions the utility of abstract unitary theories. The author
argues that, notwithstanding contract law's complexity, it
successfully facilitates the formation and enforcement of private
arrangements and ensures a degree of fairness in the process of
exchange. Each chapter presents a pair of largely contrasting
theories to clarify the central issue of contract law and theory,
to set forth the range of views, and to help identify a practical
middle ground. Among the contract theories discussed and analyzed
are promise, contextual, feminist, formal, mainstream, critical,
economic, empirical, and relational. The book should interest legal
theorists, practising lawyers, law students, and general readers
who want to learn more about contract law and theory.
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