This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.
This informative and accessible book reviews the core concepts of contract law and theory from an Anglo-American perspective. Larry A. DiMatteo deftly analyses the key principles, rules and frameworks which have shaped Anglo-American contract law, as well as highlighting important legislative acts that have changed and modernised its development.
There is a strong commonality across Anglo-American common law systems; however, there have been several critical fissures that have developed between American and English common law over the past fifty years. DiMatteo adopts a multidisciplinary approach, lucidly explaining these differences from both a theoretical and a practical perspective, using empirical evidence from case studies to support this research. The areas of divergence discussed include the duty of good faith, principle of unconscionability, promissory estoppel, contextual interpretation, and hardship.
Introducing key contract law cases, this book will be an essential read for law students and scholars working in the field of commercial law, particularly those with an interest in the theoretical framework and historical context of modern contract law.
Arvustused
The book explores both the English and American common law of contracts, as well as examining the substance and theories of contract law, wonderfully drawing from American and English case law and scholarship. Its narrative of the broad principles of contract law and theory is intermixed with deeper analyses of specific areas of contract law. Professor DiMatteo is not only a world renowned expert on contract law but is also an extraordinary teacher and scholar who admirably covers the books broad subject matter. The book will be of great interest to students, scholars, and practitioners in common law and civil law countries! -- David P. Twomey, Boston College, US Alongside an engaging account of the evolution of Anglo-American contract law an account rich with doctrinal detail and theory Larry A. DiMatteo's commentary invites reflection on the flexibility of general legal principles when transactional practices are disrupted. This is a book not only for contract lawyers but also for our technological times. -- Roger Brownsword, King's College London and Bournemouth University, UK
Contents: Preface PART I FOUNDATIONS 1 Introduction to contract law and
theory 2 Contract law across legal traditions 3 Tensions and norms of
contract law PART II FORM AND SUBSTANCE 4 Contract and formality 5
Substance of contract law: agreement 6 Substance of contract law: remedies,
excuse, and privity 7 Contracts regulatory function 8 Contract
interpretation PART III CONTRACT TERMS 9 Contract terms and standard form
contracting PART IV CONTRACT THEORIES 10 Legal history and theories of
legal development 11 Classical contract theory 12 Reliance theory,
estoppel, fault, and precontractual liability 13 Theories of contract law
14 Critical theory PART V CONTRACT LAW IN ACTION 15 Law in books and law in
action Bibliography Index
Larry A. DiMatteo, Huber Hurst Professor of Contract Law and Legal Studies, Warrington College of Business & Levin College of Law, University of Florida, US
