Contract Law Themes for the Twenty-First

"Contract Law: Themes for the Twenty-First Century sets the modern English law of contract in a thematic context. It provides a clear exposition for students seeking an overview of the principal themes of the law of contract and discusses a range of classical and modern influences over the current law."--BOOK JACKET.

Roger Brownsword LLB, Barrister, Professor of Law at Kings College London, Honorary Professor in Law, University of Sheffield

TABLE OF STATUTES

ix

TABLE OF STATUTORY INSTRUMENTS

xi

TABLE OF CASES

xiii

1 Introduction

1

(12)

A thematic approach

1

(1)

A sceptical encounter

2

(7)

Dominant themes

9

(3)

Is contract law fit for its purpose?

12

(1)

2 The nature of contract

13

(33)

Introduction

13

(1)

Definition

14

(14)

The essential ethic of contract

28

(9)

The function of contract law

37

(4)

The classification of contracts and contractors

41

(5)

3 Freedom of contract

46

(25)

Introduction

46

(1)

The classical law of contract

46

(4)

Freedom of contract

50

(7)

The decline of freedom of contract

57

(8)

The coherence of freedom of contract

65

(4)

Synthesis

69

(2)

4 Inequality of bargaining power

71

(22)

Introduction

71

(1)

Inequality of bargaining power: from the classical to the modern view

71

(6)

Relative bargaining strength and inequality of bargaining power

77

(8)

Rejection of a general doctrine of inequality of bargaining power

85

(6)

Correcting bargaining inequality: between collapse and reconstruction

91

(2)

5 Reasonableness

93

(18)

Introduction

93

(1)

Reasonableness: four steps from the classical to the modern law

93

(5)

Reasonableness as a supplementary principle

98

(8)

Reasonableness as a limiting principle

106

(5)

6 Good faith

111

(25)

Introduction

111

(1)

A general principle of good faith

111

(3)

The negative view

114

(6)

Neutrality and scepticism

120

(3)

The positive view

123

(7)

Three models of good faith

130

(4)

Good faith and reasonableness

134

(2)

7 The tendency of the modern law

136

(33)

Introduction

136

(1)

The ideologies of English contract law

137

(2)

Static and dynamic market-individualism contrasted

139

(6)

Case law indications

145

(10)

Dynamic market-individualism, reasonable expectation, and contextual interpretation

155

(8)

Dynamic market-individualism as the ruling ideology

163

(2)

Beyond dynamic market-individualism

165

(4)

8 The globalization of contract law

169

(72)

Introduction

169

(2)

Electronic contracting environments

171

(2)

Integration: the two principal questions

173

(7)

The Lando Commission

180

(2)

Harmonization within the European Union

182

(5)

Convergence within the common law world

187

(5)

An international law of contract: esperanto or lingua franca?

192

(4)

9 The interfaces of contract law

196

(45)

Introduction

196

(1)

The common law of obligations

197

(2)

Difficulties at the interface between contract and negligence

199

(30)

Contract and public law

229

(12)

10 Contract law and the Human Rights Act 1998

241

(32)

Introduction

241

(2)

Wilson v First County Trust Ltd

243

(9)

The question of horizontality

252

(7)

The application of the Convention rights to contract law questions

259

(2)

Freedom of contract and waiver or restriction of the benefit of Convention right

261

(4)

Public authorities under the Human Rights Act 1998

265

(5)

Conclusion

270

(3)

11 The rationality of contract law

273

(21)

Introduction

273

(1)

Formal rationality

273

(8)

Instrumental rationality

281

(7)

Substantive rationality

288

(6)

12 Contract and consent

294

(25)

Introduction

294

(1)

A hard case for consent

295

(2)

Contract by consent and contract by imposition

297

(4)

An adequate originating consent

301

(8)

Relative autonomy

309

(3)

Consent as a corrective: the pathological case

312

(3)

Taking consent seriously

315

(2)

Conclusion

317

(2)

INDEX

319

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Contract Law Themes for the Twenty-First Century

Summary

Author Biography

Table of Contents

Supplemental Materials