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Contract Theory

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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.
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Editorial Reviews

From the Publisher

"...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

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Product Details

  • ISBN-13: 9780198765615
  • Publisher: Oxford University Press, USA
  • Publication date: 6/15/2004
  • Series: Clarendon Law Series
  • Edition description: New Edition
  • Pages: 480
  • Product dimensions: 8.50 (w) x 5.40 (h) x 1.10 (d)

Meet 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.

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Table of Contents

1. I: ON THE NATURE OF THEORY What is Contract Theory?
2. II: GENERAL THEORIES OF CONTRACT General Theories: A Provisional Map
3. The Nature of Contractual Obligation
4. The Justification for Contractual Obligation: The Normative Question
5. III: TOPICS IN CONTRACT LAW Introduction to Contract Law Topics
6. Establishing Agreement: Offer and Acceptance
7. The Kinds of Agreements that are Enforced: Consideration, Intent to Create Legal Relations and Formalities
8. The Kinds of Agreements that are not Enforced: Contracts Contrary to Public Policy
9. The Content of a Contract: Interpretation of Contracts
10. Reasons for Setting Aside Contracts: Duress, Unconscionability, Mistake, Misrepresentation, Frustration, Non Performance
11. Breach of Contract
12. Remedies for Breach
13. Who Can Enforce a Contract?

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