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Philosophical Foundations of Contract Law

Edited by Gregory Klass, George Letsas, and Prince Saprai

October 2016

ISBN: 9780198713029

408 pages
Paperback
246x171mm

In Stock

Philosophical Foundations of Law

Price: £32.99

The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

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Description

The 17 essays of this collection explore key philosophical questions underlying the institution of contract, and the philosophical issues arising in specific contract law doctrines, including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies.

  • Identifies key questions and issues underlying the philosophy of contract law, providing a point of entry into cutting-edge research in the field
  • Includes contributions from leading legal philosophers and contract law specialists
  • Sheds new light on controversial doctrinal debates including contract formation, contract interpretation, unfair terms, the principle of good faith, defences, and remedies

About the Author(s)

Edited by Gregory Klass, Professor of Law, Georgetown University Law Centre, George Letsas, Reader in Philosophy of Law and Human Rights, Faculty of Laws, University College London, and Prince Saprai, Lecturer, Faculty of Laws, University College London

Gregory Klass is Professor of Law at Georgetown University. His works include Insincere Promises (with Ian Ayres, Yale, 2005), and Contract Law in the USA (Kluwer, 2nd ed. 20 12).

George Letsas is Reader in Philosophy of Law and Human Rights at University College, London. His work includes A Theory of Interpretation of the ECHR (OUP, 2007).

Prince Saprai is Lecturer in Law at University College, London. His research focuses on the theory of private law.

Table of Contents

    Introduction, Gregory Klass
    Part I: Theoretical Approaches
    1: The Ambitions of Contract as Promise, Charles Fried
    2: Contract is not Promise; Contract is Consent, Randy E. Barnett
    3: Is There a Reason to Keep a Promise?, Joseph Raz
    4: Does a Promise Transfer a Right?, Daniel Owens
    5: Personal Autonomy and Change of Mind in Promise and in Contract, Dori Kimel
    6: Promises, Agreements, and Contracts, J.E. Penner
    7: Contract as Fact and as Reason, Charlie Webb
    8: The Practice of Promise and Contract, Liam Murphy
    9: Economic Foundations of Contract Law, Avery W. Katz
    10: Distributive Justice and Contract, Aditi Bagchi
    Part II: Doctrinal Analysis
    11: 1. An Analytic Framework for Legal Evaluation of Boilerplate, Margaret Jane Radin
    12: Merchant Law in a Modern Economy, Lisa Bernstein
    13: Good Faith as Contract's Core Value, Daniel Markovits
    14: The Nature of Vitiating Factors in Contract Law, Mindy Chen-Wishart
    15: Mitigation, Fairness and Contract Law, George Letsas and Prince Saprai
    16: Remedies for Breach of Contract: One Principle or Two?, Stephen A. Smith
    17: Efficient Breach, Gregory Klass

Reviews

"...[T]his superb book makes an exceptionally valuable contribution to the scholarship of this complex and fascinating area. No serious law library should be without it." - Greg Gordon, Edinburgh Law Review

"Anyone interested in theoretical discussions of contract law would be well advised to read this book...[It] offers a treasure of scholarly material to satisfy a wide range of interests... Philosophical Foundations of Contract Law is exemplary in the consistently high quality of the pieces, from first to last." - Brian Bix, Cambridge Law Journal

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