Philosophical Foundations of Contract Law

ISBN : 9780198713029

Gregory Klass; George Letsas; Prince Saprai
416 ページ
171 x 246 mm

n recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.


Gregory Klass: Introduction

Part I: Theoretical Approaches
1 Charles Fried: The Ambitions of Contract as Promise
2 Randy E. Barnett: Contract is not Promise
Contract is Consent
3 Joseph Raz: Is There a Reason to Keep a Promise?
4 Daniel Owens: Does a Promise Transfer a Right?
5 Dori Kimel: Personal Autonomy and Change of Mind in Promise and in Contract
6 J.E. Penner: Promises, Agreements, and Contracts
7 Charlie Webb: Contract as Fact and as Reason
8 Liam Murphy: The Practice of Promise and Contract
9 Avery W. Katz: Economic Foundations of Contract Law
10 Aditi Bagchi: Distributive Justice and Contract

Part II: Doctrinal Analysis
11 Margaret Jane Radin: 1. An Analytic Framework for Legal Evaluation of Boilerplate
12 Lisa Bernstein: Merchant Law in a Modern Economy
13 Daniel Markovits: Good Faith as Contract's Core Value
14 Mindy Chen-Wishart: The Nature of Vitiating Factors in Contract Law
15 George Letsas and Prince Saprai: Mitigation, Fairness and Contract Law
16 Stephen A. Smith: Remedies for Breach of Contract: One Principle or Two?
17 Gregory Klass: Efficient Breach


Gregory Klass is Professor of Law at Georgetown University. His works include Insincere Promises (with Ian Ayres, Yale, 2005), and Contract Law in the USA (Kluwer, 2nd ed. 20 12).; George Letsas is Reader in Philosophy of Law and Human Rights at University College, London. His work includes A Theory of Interpretation of the ECHR (OUP, 2007).; Prince Saprai is Lecturer in Law at University College, London. His research focuses on the theory of private law.