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Contractual Relations is a critique of the theoretical, doctrinal and practical foundations of the entire law of contract. It argues that resolution of the inadequacies of the classical law of contract, and of the welfarist response to the classical law, requires recognition of the social relational nature of exchange and contract.
Sommario
- Part 1: Introduction: Economic Exchange and Legal Contract
- 1: Choice, Mutual Advantage in Exchange, and Freedom of Contract
- 2: Exchange, Relational Contract, and Mutual Recognition
- Part 2: The Relational Constitution of the Law of Contract
- 3: The Relational Constitution of Agreement (1): From Caveat Emptor to Caveat Venditor
- 4: The Relational Constitution of Agreement (2): Business Efficacy and Good Faith
- 5: The Relational Constitution of Bargain (1): Formalism, Substance and Good Faith in Consideration
- 6: The Relational Constitution of Bargain (2): Procedure and Fairness in Consideration
- 7: The Relational Constitution of Bargain (3): Fairness in Legislation and Common Law
- 8: The Relational Constitution of Remedy (1): Performance and Expectation
- 9: The Relational Constitution of Remedy (2): Literal Enforcement as a Substitute for Damages
- 10: The Spectrum of Contracts: Presentiation and Adjustment
- Part 3: Conclusion: The Nature of Economic Action and the Nature of the Law of Contract
- 11: Absolute Knowledge of the Law of Contract
- 12: The Maximalist Welfare State, Inchoate Communism, and Betterment
Info autore
David Campbell was educated at Cardiff University, UK (BSc(Econ) 1980), the University of Michigan School of Law, USA (LLM 1985), and the University of Edinburgh, UK (PhD 1985). Since 1985, he has taught at several British universities and in Australia, Hong Kong, Japan, New Zealand, Spain, and the USA. He is now a Professor at the Lancaster University School of Law, UK. Professor Campbell has written extensively on a wide range of legal and social-scientific issues. He is a leading contributor to the law of contract, particularly to 'the relational theory of contract', and to the economic, legal, and social theory of regulation.
Riassunto
Contractual Relations is a critique of the theoretical, doctrinal and practical foundations of the entire law of contract. It argues that resolution of the inadequacies of the classical law of contract, and of the welfarist response to the classical law, requires recognition of the social relational nature of exchange and contract.
Testo aggiuntivo
Its themes will resonate with a range of audiences, including private law theorists of all varieties, anyone struggling to identify the relational character of contract law and reconcile it with current judicial practice, and those wishing to gain a better understanding of the role of contract law in supporting a market economy, and why the current law, despite appearances, often fails in this endeavour.
