Contract Theory

by Stephen A. Smith

Overview

This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Introduction to Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract.

Product Details

ISBN-13:	9780198765615
Publisher:	Oxford University Press
Publication date:	05/20/2004
Series:	Clarendon Law Series
Edition description:	New Edition
Pages:	480
Product dimensions:	8.58(w) x 5.40(h) x 1.08(d)

About the Author

Dr. Stephen Smith is Associate Professor of Law at McGill University, Montreal and former Tutor and Fellow in Law at St Anne's College, Oxford.

Table of Contents

1. I: ON THE NATURE OF THEORY2. II: GENERAL THEORIES OF CONTRACT3. The Nature of Contractual Obligation4. The Justification for Contractual Obligation: The Normative Question5. III: TOPICS IN CONTRACT LAW6. Establishing Agreement: Offer and Acceptance7. The Kinds of Agreements that are Enforced: Consideration, Intent to Create Legal Relations and Formalities8. The Kinds of Agreements that are not Enforced: Contracts Contrary to Public Policy9. The Content of a Contract: Interpretation of Contracts10. Reasons for Setting Aside Contracts: Duress, Unconscionability, Mistake, Misrepresentation, Frustration, Non Performance11. Breach of Contract12. Remedies for Breach13. Who Can Enforce a Contract?

Editorial Reviews

"...fascinating and important contribution to the current debates. Part textbook and part original analysis, Smith surveys most of the prominent contemporary theories of contract law and ultimately offers a detailed argument in favor of a unified theory built around the moral force of promising....Stephen Smith has produced an impressive and important book. It provides a detailed and nearly comprehensive introduction to contemporary theories of contract law. Perhaps more importantly, it makes important contributions both to the theory of promising and contracts and to the larger issue of how scholars should adjudicate between the claims of competing theories of the law."—Michigan Law Review

From the Publisher