Scholars of contract law / edited by James Goudkamp and Donal Nolan.

Format:

Book

Contributor:

Nolan, Donal, editor.

Goudkamp, James, editor.

Language:

English

Subjects (All):

Contracts. .

Law teachers .

Legal historians .

English-speaking countries.

Genre:

Bio-bibliography.

History.

Physical Description:

1 online resource (437 pages)

Place of Publication:

Oxford : Hart Publishing, an imprint of Bloomsbury Publishing, [2022]

Summary:

"This book provides a counter-balance to the traditional focus on judicial decisions by exploring the contribution of legal scholars to the development of private law. In the book the work of a selection of leading scholars of contract law from across the common law world, ranging from Sir Jeffrey Gilbert (1674-1726) to Professor Brian Coote (1929-2019), is addressed by legal historians and current scholars in the field. The focus is on the nature of the work produced by the scholars in question, important influences on their work, and the impact which that work in turn had on thinking about contract law. The book also includes an introductory chapter and an afterword by Professor William Twining that explore connections between the scholars and recurrent themes. The process of subjecting contract law scholarship to sustained analysis provides new insights into the intellectual development of contract law and reveals the central role played by scholars in that process. And by focusing attention on the work of influential contract scholars, the book serves to emphasise the importance of legal scholarship to the development of the common law more generally"-- Provided by publisher.

Contents:

Intro

Preface

Contents

Contributors

Table of Cases

Table of Legislation

1. Scholars of Contract Law: Individuals and Themes

I. Introduction

II. The Scholars

III. Themes

IV. Conclusion

2. Sir Jeffrey Gilbert (1674-1726)

I. Early Modern Conceptions of Contract

II. Jeffrey Gilbert's Conception of Contract

III. Contract Formation

IV. Vitiating Factors

V. Consideration

VI. Conclusion

3. Henry Thomas Colebrooke (1765-1837)

II. Background

III. Treatise on Obligations and Contracts

IV. Colebrooke and Contract Law

4. Stephen Martin Leake (1826-1893)

I. Biographical details

II. Victorian Legal Reformers

III. Martin Leake's Elements of the Law of Contracts

IV. The Digest of Law

V. The Effect of Martin Leake's Law of Contracts

VI. Conclusions

5. Professor Sir William Anson (1843-1914)

I. The Life

II. The Book

III. Conclusion

6. Professor Sir Frederick Pollock (1845-1937)

II. Promise

III. Consideration

IV. Assent

V. Conclusion

7. Professor Samuel Williston (1861-1963)

8. Professor Arthur Linton Corbin (1874-1967)

II. Biography

III. Teaching

IV. Conceptual Analysis

V. Theory of the Common Law

VI. Reasonable Expectations and Contract Interpretation

VII. Conclusion

9. Professor Geoffrey Cheshire (1886-1978) and Cecil Fifoot (1899-1975)

I. GC Cheshire: A Brief Biography

II. CHS Fifoot: A Brief Biography

III. Writing on Contract Law in Addition to Cheshire and Fifoot

IV. The Law of Contract within an Intellectual Tradition

V. The Law of Contracts: Description and Critique

VI. Overseas Editions of Cheshire and Fifoot

VII. Cheshire and Fifoot in the English Courts

VIII. The Role of Cheshire and Fifoot

10. Professor Friedrich Kessler (1901-1998).

I. Émigré Baggage

II. Contracts of Adhesion

III. Vertical Integration by Contract

IV. A Duty to Bargain in Good Faith?

V. The Significance of Kessler's Scholarship

11. Professor Sir Guenter Treitel (1928-2019)

II. His Early Years

III. Four Categories of Publications

IV. Some General Points about Treitel's Published Work

V. Treitel's Principal Work: The Law of Contract

VI. Merits of Practical Legal Scholarship

12. Professor Ian Roderick Macneil (1929-2010)

I. The Life of Ian Macneil

II. Macneil's Scholarly Writing

III. Influences on Macneil

IV. Macneil's Influence

V. Macneil's 'Essential Contract Theory'

VI. Difficulties in Applying Macneil's 'Essential Contract Theory'

VII. Attempts to Apply Macneil's Theory to the Law of Contract

VIII. The Domain of Relational Theory: Contracts Commercial and Personal

IX. Empirical Evidence for Relational Contracting

X. Resistance to Relational Contract

XI. Conclusion

13. Professor Brian Coote (1929-2019)

II. Exception Clauses and Fundamental Breach

III. The New Zealand Contract Law Reform Statutes

IV. Contract as Assumption

V. Formalism

14. Professor Patrick Atiyah (1931-2018)

III. Principal Works

IV. Themes

15. Afterword: Understanding Contracts - A Realist Perspective

II. A Realist Perspective

III. Encounters with the Tribe

IV. Formalism AND Realism - Avoiding Caricatures

V. First Impressions: Are Most Anglo-American Private Lawyers Case-Mad?32

VI. Scholars of Contract LAW: What Did I Learn?

VII. Anticipating Some Objections

VIII. Conclusion

Index.

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781509938476

1509938478

9781509938483

1509938486