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Foundations of American Contract Law

Af: James Gordley Engelsk Hardback

Foundations of American Contract Law

Af: James Gordley Engelsk Hardback
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One of the great enterprises of the nineteenth century was to systematize the law of contracts. Since the mid-twentieth century, there has been general agreement that the systems have come unstuck. Yet older doctrinal formulations have lived on. Further intricacies have been added to already complicated doctrines. Vague doctrines have replaced rigid ones. The fundamental problem with nineteenth-century contract theory has been sidestepped. Contract was defined in terms of the will of the parties. This theory could not explain why the parties are often bound by terms to which they did not consciously assent, and sometimes they are not bound by harsh terms to which they assented. Contemporary approaches either neglect the idea of fairness entirely or explain it through liberal considerations of choice. Foundations of American Contract Law systematically re-examines the major doctrines of American contract law. It presents an alternative approach that reconciles concerns about fairness, party autonomy, and the purposes that a contract serves for society and the parties themselves. It shows how this alternative better explains the enforceability of contracts, relief for unconscionable terms, the effect of mistake, fraud, duress and changed circumstances, and problems of assent, interpretation, good faith, and remedies for breach of contract.
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One of the great enterprises of the nineteenth century was to systematize the law of contracts. Since the mid-twentieth century, there has been general agreement that the systems have come unstuck. Yet older doctrinal formulations have lived on. Further intricacies have been added to already complicated doctrines. Vague doctrines have replaced rigid ones. The fundamental problem with nineteenth-century contract theory has been sidestepped. Contract was defined in terms of the will of the parties. This theory could not explain why the parties are often bound by terms to which they did not consciously assent, and sometimes they are not bound by harsh terms to which they assented. Contemporary approaches either neglect the idea of fairness entirely or explain it through liberal considerations of choice. Foundations of American Contract Law systematically re-examines the major doctrines of American contract law. It presents an alternative approach that reconciles concerns about fairness, party autonomy, and the purposes that a contract serves for society and the parties themselves. It shows how this alternative better explains the enforceability of contracts, relief for unconscionable terms, the effect of mistake, fraud, duress and changed circumstances, and problems of assent, interpretation, good faith, and remedies for breach of contract.
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Se mere i:
Produktdetaljer
Sprog: Engelsk
Sider: 360
ISBN-13: 9780197686089
Indbinding: Hardback
Udgave:
ISBN-10: 0197686087
Kategori: Erhvervsret
Udg. Dato: 18 jan 2024
Længde: 23mm
Bredde: 164mm
Højde: 242mm
Forlag: Oxford University Press Inc
Oplagsdato: 18 jan 2024
Forfatter(e): James Gordley
Forfatter(e) James Gordley

Kategori Erhvervsret

ISBN-13 9780197686089

Sprog Engelsk

Indbinding Hardback

Sider 360

Udgave

Længde 23mm

Bredde 164mm

Højde 242mm

Udg. Dato 18 jan 2024

Oplagsdato 18 jan 2024

Forlag Oxford University Press Inc