Research Handbook on the Philosophy of Contract Law

by Mindy Chen-Wishart (Editor), Prince Saprai (Editor)

Overview

With contributions from experts in the field, this comprehensive Research Handbook provides a systematic overview of debates at the cutting edge of the philosophy of contract law.

The Research Handbook engages closely with general theories of contract law, entering into detailed theoretical discussions surrounding its principles, rules and doctrines, as well as its moral foundations. Chapters explore key themes such as the limits of freedom of contract; debates about monistic and pluralistic theories of contract law; and the philosophical challenges associated with resolving hard cases. The Research Handbook on the Philosophy of Contract Law suggests paths for future studies, emphasising the need to bridge the gap between theory and practice.

Wide-ranging in scope, this Research Handbook is an essential resource for scholars and students in contract law theory, moral and political philosophy, jurisprudence and law and economics. Legal practitioners and policy experts seeking an overview of current theoretical debates will also benefit greatly from this book.

Product Details

ISBN-13:	9781800885400
Publisher:	Edward Elgar Publishing
Publication date:	04/10/2025
Series:	Research Handbooks on Philosophical Foundations of Law series
Pages:	592
Product dimensions:	6.62(w) x 9.62(h) x (d)

About the Author

Edited by Mindy Chen-Wishart, Faculty of Law, National University of Singapore, Singapore and Prince Saprai, Faculty of Laws, University College London, UK

Table of Contents

Contents
Foreword xii
1 Philosophy of contract law: An introduction 1
Mindy Chen-Wishart and Prince Saprai
PART I GENERAL THEORY
2 On the point, scope and utility of the philosophy of contract 15
Dori Kimel
3 The promise theory of contract 29
Daniel Markovits
4 Autonomy and contracts 43
Hanoch Dagan
5 Economics and contract law 56
Richard R.W. Brooks
6 Reliance 72
Paul MacMahon
7 The ‘discrete’ and the ‘relational’ in the relational theory of contract 86
David Campbell
8 Corrective justice and contract law 101
Andrew Botterell
9 The performance interest and the promissory basis of contract law 115
Peter Benson
10 Pluralism about contract law 135
Aditi Bagchi
PART II FUNDAMENTAL PRINCIPLES
11 Freedom of contract 150
James Gordley
12 The inequality of bargaining power principle 165
Rebecca Stone
13 The bilaterality of contract 178
Irina Sakharova
14 Good faith 192
Mindy Chen-Wishart and Victoria Dixon
15 Fault and strict liability in contract 210
Roy Kreitner
16 The ethical limits of markets: Market inalienability 222
Kimberly D. Krawiec
17 Progress in EU contract law 236
Martijn W. Hesselink
18 Artificial intelligence, contract law and justice 252
Tatiana Dancy
PART III RULES AND DOCTRINES
19 Agreement 266
Nick Sage
20 Why consideration? 279
Mindy Chen-Wishart
21 Intent to create legal relations and the nature of contractual consent 296
Nathan B. Oman
22 Third parties 311
Nicolas Cornell
23 Interpretation 326
William Day and Adam Kramer
24 Default rules: Theoretical foundations 344
Eyal Zamir
25 The regulation of unfairness in contract 360
Margaret Jane Radin and John Enman-Beech
26 Mistake in contract law 374
Emily Sherwin
27 Misrepresentation 386
Gregory Klass
28 Contractual duress 400
Chris Mills
29 The unbearable narrowness of undue influence 415
Hila Keren
30 Unconscionable dealing 431
Rick Bigwood
31 Impossibility and frustration 447
Jennifer Nadler
32 Termination 460
Mark P. Gergen
33 Debt as a contractual type 473
Mark P. Gergen
34 Specific performance 485
Felipe Jiménez
35 Expectation damages 498
Charlie Webb
36 Rationalising the penalties rule 510
Prince Saprai
37 Mitigation 525
Andy Summers
38 Remoteness of damage 542
Nicholas J. McBride
Index 555

Editorial Reviews

‘Research Handbook on the Philosophy of Contract Law is comprehensive, accessible, and insightful. It offers a very impressive overview of Contract doctrine and theory, featuring contributions by many of the most important scholars in the field and will be an invaluable resource for students and scholars of Contract Law.’

Brian H. Bix

‘This excellent book provides a three-level analysis from contract theory to underlying principles to rules and doctrine, which act as a hermeneutical pathway to a deeper understanding of contract law. It shows that theory alone is of little practical consequence until applied to the crucible of underlying principles and whether principles can then be correlated with the rules that make up contract law. Given the quality of the scholars, the Research Handbook on the Philosophy of Contract Law will lead to a fuller understanding of why and how contract plays the important role it does in society.’

Larry A. DiMatteo

‘This Handbook contains an excellent survey of the burgeoning debates on the philosophy of contract law and how these affect contractual principles and rules. The volume is the first to bring together leading scholars in the field to show not only the extreme richness of research at the intersection of philosophy and contract law but also the way forward in many current debates. This book makes indispensable reading for both contract lawyers and philosophers.’

Jan Smits