The Choice Theory of Contracts

Contract Law

The Choice Theory of Contracts

Edited by Hanoch Dagan · Michael Heller
Cambridge University Press April 2017

Specifications

ISBN-13
9781107135987
Publisher
Cambridge University Press
Publication
April 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'?

What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law.

This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.

Table of Contents

Preface
Acknowledgements
Introduction

Part I. Autonomy as a Contract Value:
1. The challenge of autonomy
2. Promise theory
3. Transfer theory
4. Recovering autonomy

Part II. The Goods of Contract:
5. Utility
6. Community

Part III. The Choice Theory of Contracts:
7. Contractual freedom
8. How contract values relate
9. Contract spheres
10. Contract types
11. Market for new types
12. Choice theory in practice

Conclusion
Notes
Index.
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