The Rebirth of Contract: Putting Promissory Estoppel to the Sword

Author: Eric Alden
Publisher: Cambridge University Press
ISBN: 9781009367615

Published In: July 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

The Rebirth of Contract is a comprehensive guide for judges, academics, and students seeking to understand the contract law doctrine of 'promissory estoppel.' It provides evidence that this doctrine was artificially invented and historically unprecedented and offers economic and moral grounds for repudiating it. The book also presents an analytic framework for deciding 'promissory estoppel cases' using traditional contract law tools. By tracing the historical development of Anglo-American contract law since the Norman conquest of England, the book provides a forensic investigation into and refutation of the claims of historical precedent upon which promissory estoppel was marketed to the American judiciary and academy.

The Rebirth of Contract includes a law and economics analysis of both traditional contract law and promissory estoppel, focusing on Pareto improving transactions. Finally, it offers a roadmap for returning to traditional contract law.

Introduction

Part I. The History: Genesis And Development of Anglo-American Contract Law:

1. Roman contract law

2. The reception and the Norman conquest

3. English contract law through the middle ages and renaissance

4. The continuation of English contract law in America

Part II. The Invention: Artificial Creation of The Doctrine of Promissory Estoppel:

5. Terra incognita

6. Newfound, artificially created, strict liability tort

7. Technical contours of the concept

8. The objective, and the marketing

9. Application in practice