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"This work analyses why, despite its past significance and manifest influence throughout the common law world, the English common law of contract, associated with the classical model, now faces functional and moral redundancy. This is mainly because of its failure to respond to transformations in how contracts are created and enforced in modern society. The book will assess the role of contract law in regulating and facilitating contracts, law's detachment from a significant role in policing contracting activity, whether contract law can adapt to changes in contracting processes, and if it is possible to revive the common law of contract in order to improve the alignment between contract law and the 'real world' of contracting experience"--
Table des matières
1. Vanishing contract law; 2. Contract common law trends; 3. Contractualisation and the common law retreat; 4. Private ordering, regulation and contract law; 5. Contracts through the gaps; 6. Future challenges for contract law; 7. The possibility of common law revival; 8. Conclusion.
A propos de l'auteur
Catherine Mitchell is a Reader in Private Law at the University of Birmingham. She has published widely on contract, and has been cited by the House of Lords, the Singapore Court of Appeal and by the Law Commissions of England and Scotland.
Résumé
This book offers a succinct account of why English contract law now faces functional and moral redundancy. It explores the diminishing role of the English common law of contract as a regulatory force in modern society, the implications of its decline and possibilities, if any, for its revival.
Préface
Examines how, despite its past significance and influence, English contract law now faces functional and moral redundancy.
