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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Calculating Promises - The Emergence of Modern American Contract Doctrine (Hardcover)
Loot Price: R2,381
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Calculating Promises - The Emergence of Modern American Contract Doctrine (Hardcover)
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This book is a history of American contract law around the turn of
the twentieth century. It meticulously details shifts in our
conception of contract by juxtaposing scholarly accounts of
contract with case law, and shows how the cases exhibit conflicts
for which scholarship offers just one of many possible answers.
Breaking with conventional wisdom, the author argues that our
current understanding of contract is not the outgrowth of gradual
refinements of a centuries-old idea. Rather, contract as we now
know it was shaped by a revolution in private law undertaken toward
the end of the nineteenth century, when legal scholars established
calculating promisors as the centerpiece of their notion of
contract. The author maintains that the revolution in contract
thinking is best understood in a frame of reference wider than the
rules governing the formation and enforcement of contracts. That
frame of reference is a cultural negotiation over the nature of the
individual subject and the role of the individual in a society
undergoing transformation. Areas of central concern include the
enforceability of promises to make gifts; the relationship of
contracts to speculation and gambling; and the problem of
incomplete contracts.
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