Research Handbook on the Philosophy of Contract Law / Mindy Chen-Wishart and Prince Saprai, editors.

Format:

Book

Contributor:

Chen-Wishart, Mindy, editor.

Saprai, Prince, editor.

Edward Elgar Publishing, publisher.

Series:

Research Handbooks on Philosophical Foundations of Law Series

Language:

English

Subjects (All):

Contracts--Philosophy.

Contracts.

Physical Description:

1 online resource (592 pages)

Edition:

First edition.

Place of Publication:

Northampton : Edward Elgar, 2025.

Summary:

"With contributions from experts in the field, this comprehensive Research Handbook provides a systematic overview of debates at the cutting edge of the philosophy of contract law. The Research Handbook engages closely with general theories of contract law, entering into detailed theoretical discussions surrounding its principles, rules and doctrines, as well as its moral foundations. Chapters explore key themes such as the limits of freedom of contract; debates about monistic and pluralistic theories of contract law; and the philosophical challenges associated with resolving hard cases. The Research Handbook on the Philosophy of Contract Law suggests paths for future studies, emphasising the need to bridge the gap between theory and practice. Wide-ranging in scope, this Research Handbook is an essential resource for scholars and students in contract law theory, moral and political philosophy, jurisprudence and law and economics. Legal practitioners and policy experts seeking an overview of current theoretical debates will also benefit greatly from this book"-- Provided by publisher.

Contents:

Contents: Foreword

1. Philosophy of contract law: An Introduction / Mindy Chen-Wishart and Prince Saprai

Part I: General theory

2. On the point, scope and utility of the philosophy of contract / Dori Kimel

3. The promise theory of contract / Daniel Markovits

4. Autonomy and contracts / Hanoch Dagan

5. Economics and contract law / Richard R.W. Brooks

6. Reliance / Paul MacMahon

7. The 'discrete' and the 'relational' in the relational theory of contract / David Campbell

8. Corrective justice and contract law / Andrew Botterell

9. The performance interest and the promissory basis of contract law / Peter Benson

10. Pluralism about contract law / Aditi Bagchi

Part II: Fundamental principles

11. Freedom of contract / James Gordley

12. The inequality of bargaining power principle / Rebecca Stone

13. The bilaterality of contract / Irina Sakharova

14. Good faith / Mindy Chen-Wishart and Victoria Dixon

15. Fault and strict liability in contract / Roy Kreitner

16. The ethical limits of markets: Market inalienability / Kimberly D. Krawiec

17. Progress in EU contract law / Martijn W. Hesselink

18. Artificial intelligence, contract law and justice / Tatiana Dancy

Part III: Rules and doctrines

19. Agreement / Nick Sage

20. Why consideration? / Mindy Chen-Wishart

21. Intent to create legal relations and the nature of contractual consent / Nathan B. Oman

22. Third parties / Nicolas Cornell

23. Interpretation / William Day and Adam Kramer

24. Default rules: Theoretical foundations / Eyal Zamir

25. The regulation of unfairness in contract / Margaret Jane Radin and John Enman-Beech

26. Mistake in contract law / Emily Sherwin

27. Misrepresentation / Gregory Klass

28. Contractual duress / Chris Mills

29. The unbearable narrowness of undue influence / Hila Keren

30. Unconscionable dealing / Rick Bigwood

31. Impossibility and frustration / Jennifer Nadler

32. Termination / Mark P. Gergen

33. Debt as a contractual type / Mark P. Gergen

34. Specific performance / Felipe Jiménez

35. Expectation damages / Charlie Webb

36. Rationalising the penalties rule / Prince Saprai

37. Mitigation / Andy Summers

38. Remoteness of damage / Nicholas J. McBride

Index.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

1-80088-541-5