This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration.
It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements.
Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.
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Leading contract lawyers from across the civil and common law worlds bring clarity to contested questions around cause and consideration.
Part I. Origins and Historical Development
1. Roman Origins: Typicity of Contracts in Roman Law
2. Medieval Development
3. The Rise and Fall of Consideration in English Law
4. The Cause in Modern Doctrine and Early Codifications
5. The Decline of Cause
Part II. National Reports
6. The French Development
7. The Italian Variant
8. The Use of Cause of Contract in Spanish Law
9. Germany and its Rejection of the Cause
10. The Role of Consideration in English Law
Part III. Functions of Cause and Consideration
11. Cause, Consideration and the Enforceability of Promises
12. Cause and the Control of Legality and Morality of Contracts
13. Cause, Consideration and Frustration of Contract
14. Cause, Consideration and Unjust Enrichment
Part IV. Final Conclusions
15. Rethinking Cause and Consideration
Bruno Rodríguez-Rosado is Professor of Law at the University of Málaga, Spain. Rocío Caro Gándara is Professor of Law at the University of Málaga, Spain. Antonio Legerén-Molina is Professor of Law at the University of A Coruña, Spain.
