Its themes will resonate with a range of audiences, including private law theorists of all varieties, anyone struggling to identify the relational character of contract law and reconcile it with current judicial practice, and those wishing to gain a better understanding of the role of contract law in supporting a market economy, and why the current law, despite appearances, often fails in this endeavour.

CATHERINE MITCHELL, Journal of Law and Society

Contractual Relations is a fundamental critique of the classical law of contract, the welfarist response to the classical law, and a major statement of the relationaltheory of contract. In that sense, it provides a theoretical justification for integrating consumerconcerns into contractual relations.

HâW. Micklitz, Springer

Written by one of the leading contributors to the relational theory of contract, Contractual Relations authoritatively explains the form of the existing law of contract by relating it to its economic, legal, and sociological foundations. This volume demonstrates that economic exchange and legal contract rest on a moral relationship by which each party legitimately pursues its self-interest through recognition of the self-interest of the other. This essential relationship of mutual recognition is in stark contrast to the pursuit of solipsistic self-interest that is central to the classical law of contract. Self-interest of this sort is not morally defensible, nor does it enhance economic welfare. It is for these reasons that the classical law is legally incoherent. The fundamental inadequacies of the classical law's treatment of agreement, consideration, and remedy have emerged as the doctrines of the positive law of contract have been progressively developed to give effect to the relationship of mutual recognition. The welfarist criticism of the classical law has, however, failed to develop a workable concept of self-interest, and so is at odds with what must be retained from the classical law's facilitation of economic exchange and the market economy. The relational law of contract restates self-interest in a morally, economically, and legally attractive manner as the foundation of the social market economy of liberal socialism. Contractual Relations is a fundamental critique of the classical law of contract and the welfarist response to the classical law, and a major statement of the relational theory of contract. This is an essential work for academics, advanced students, and others wishing to understand the fundamental law, economics and sociology of contract and exchange.
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Contractual Relations is a critique of the theoretical, doctrinal and practical foundations of the entire law of contract. It argues that resolution of the inadequacies of the classical law of contract, and of the welfarist response to the classical law, requires recognition of the social relational nature of exchange and contract.
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Part 1: Introduction: Economic Exchange and Legal Contract 1: Choice, Mutual Advantage in Exchange, and Freedom of Contract 2: Exchange, Relational Contract, and Mutual Recognition Part 2: The Relational Constitution of the Law of Contract 3: The Relational Constitution of Agreement (1): From Caveat Emptor to Caveat Venditor 4: The Relational Constitution of Agreement (2): Business Efficacy and Good Faith 5: The Relational Constitution of Bargain (1): Formalism, Substance and Good Faith in Consideration 6: The Relational Constitution of Bargain (2): Procedure and Fairness in Consideration 7: The Relational Constitution of Bargain (3): Fairness in Legislation and Common Law 8: The Relational Constitution of Remedy (1): Performance and Expectation 9: The Relational Constitution of Remedy (2): Literal Enforcement as a Substitute for Damages 10: The Spectrum of Contracts: Presentiation and Adjustment Part 3: Conclusion: The Nature of Economic Action and the Nature of the Law of Contract 11: Absolute Knowledge of the Law of Contract 12: The Maximalist Welfare State, Inchoate Communism, and Betterment
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David Campbell was educated at Cardiff University, UK (BSc(Econ) 1980), the University of Michigan School of Law, USA (LLM 1985), and the University of Edinburgh, UK (PhD 1985). Since 1985, he has taught at several British universities and in Australia, Hong Kong, Japan, New Zealand, Spain, and the USA. He is now a Professor at the Lancaster University School of Law, UK. Professor Campbell has written extensively on a wide range of legal and social-scientific issues. He is a leading contributor to the law of contract, particularly to 'the relational theory of contract', and to the economic, legal, and social theory of regulation.
Les mer
A general statement of the relational theory of contract by one of the leading contributors to the theory Authoritatively relates the law of contract to its foundations in economic, legal, and social theory Provides a fundamental critique of the classical law of contract and the welfarist response to the classical law Delivers a 'liberal socialist' statement of legitimate self-interest based on mutual recognition by contracting parties
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Produktdetaljer

ISBN
9780198855156
Publisert
2022
Utgiver
Oxford University Press
Vekt
854 gr
Høyde
240 mm
Bredde
162 mm
Dybde
30 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
464

Forfatter

Biografisk notat

David Campbell was educated at Cardiff University, UK (BSc(Econ) 1980), the University of Michigan School of Law, USA (LLM 1985), and the University of Edinburgh, UK (PhD 1985). Since 1985, he has taught at several British universities and in Australia, Hong Kong, Japan, New Zealand, Spain, and the USA. He is now a Professor at the Lancaster University School of Law, UK. Professor Campbell has written extensively on a wide range of legal and social-scientific issues. He is a leading contributor to the law of contract, particularly to 'the relational theory of contract', and to the economic, legal, and social theory of regulation.