Foundations of American Contract Law, 1st Edition eBook

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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.

This is a digital product.

Foundations of American Contract Law 1st Edition is written by James Gordley and published by Oxford University Press. The Digital and eTextbook ISBNs for Foundations of American Contract Law are 9780197686102, 0197686109 and the print ISBNs are 9780197686089, 0197686087. Additional ISBNs for this eTextbook include 9780197686096, 9780197686119.