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Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.
How should the principles and rules of contract law be structured to best reflect policy, morality, and practical experience? Melvin A. Eisenberg, a prominent legal scholar, argues that contract law is an organic and dynamic field rather than a static set of rules. By evaluating legal doctrines through the lenses of policy and normative theory, the text provides a framework for understanding the underlying logic of contract enforcement and interpretation.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a foundational text for understanding the intersection of contract doctrine and legal philosophy. Readers often note the academic density of the prose, which is intended for law students and professionals seeking a deeper conceptual grasp of the subject matter.
Page Count:
904
Publication Date:
2018-01-01
Publisher:
Oxford University Press
ISBN-10:
0190466383
ISBN-13:
9780190466381
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