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Cause and Consideration: Exploring the Foundations of Contract Law

Coming Soon Cause and Consideration: Exploring the Foundations of Contract Law

Cause and Consideration: Exploring the Foundations of Contract Law

Cause and Consideration: Exploring the Foundations of Contract Law

Author: Bruno Rodríguez-Rosado; Rocío Caro Gándara; Antonio Legerén Molina
Publisher: Hart Publishing
ISBN: 9781509971435

Published In: January 2027
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509971398

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Description
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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.

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

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