Cart
Free Shipping in Australia
Proud to be B-Corp

Principle and Policy in Contract Law Stephen Waddams (University of Toronto)

Principle and Policy in Contract Law By Stephen  Waddams (University of Toronto)

Principle and Policy in Contract Law by Stephen Waddams (University of Toronto)


$83.99
Condition - New
Only 2 left

Summary

Stephen Waddams argues that it is an over-simplification to insist upon too sharp a distinction between the concepts of principle and policy in contract law. Each has incorporated elements of the other, enabling English contract law to change over time while maintaining a high degree of stability and predictability.

Principle and Policy in Contract Law Summary

Principle and Policy in Contract Law: Competing or Complementary Concepts? by Stephen Waddams (University of Toronto)

Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.

Principle and Policy in Contract Law Reviews

Principle and Policy is full of elegant and effective historical analysis and has much to offer anyone wanting a better understanding of the development of contract doctrine. -Charlie Webb, London School of Economics and Political Science, UNIVERSITY OF TORONTO LAW JOURNAL

About Stephen Waddams (University of Toronto)

Stephen Waddams is University Professor and the holder of the Goodman/Schipper Chair at the Faculty of Law, University of Toronto.

Table of Contents

1. Introduction: empire of reason or republic of common sense?; 2. Intention, will, and agreement; 3. Promise, bargain, and consideration; 4. Unequal transactions; 5. Mistake; 6. Public policy; 7. Enforcement; 8. Conclusion: joint dominion of principle and policy.

Additional information

NLS9781107542853
9781107542853
1107542855
Principle and Policy in Contract Law: Competing or Complementary Concepts? by Stephen Waddams (University of Toronto)
New
Paperback
Cambridge University Press
2015-07-09
268
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a new book - be the first to read this copy. With untouched pages and a perfect binding, your brand new copy is ready to be opened for the first time

Customer Reviews - Principle and Policy in Contract Law