The law of contract, 1670-1870 / Warren Swain.

Format:

Book

Author/Creator:

Swain, Warren, 1973- author.

Series:

Cambridge studies in English legal history

Language:

English

Subjects (All):

Contracts--England--History.

Contracts.

History.

England.

Physical Description:

1 online resource (xxx, 331 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2015.

System Details:

text file

PDF

Summary:

The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.

Contents:

The legal system and the law of contract

Lawyers and merchants I

Lawyers and merchants II

Equity and the common law

Lord Mansfield and his successors

Equity and the regulation of unfairness in contracting : the usury laws as a case study

The classical model of contract : the product of a revolution in legal thought?

Classical contract law and its limits

Contract law, illegality and public policy

Contract law and statute law

The law of contract : stability and change.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9781139629324

Access Restriction:

Restricted for use by site license.