Philosophical Foundations of Contract Law

Gregory Klass, Professor of Law, Georgetown University Law Centre,George Letsas, Reader in Philosophy of Law and Human Rights, Faculty of Laws, University College London,Prince Saprai, Lecturer, Faculty of Laws, University College London

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.

Introduction, Gregory Klass
Part I: Theoretical Approaches
1. The Ambitions of Contract as Promise, Charles Fried
2. Contract is not Promise; Contract is Consent, Randy E. Barnett
3. Is There a Reason to Keep a Promise?, Joseph Raz
4. Does a Promise Transfer a Right?, Daniel Owens
5. Personal Autonomy and Change of Mind in Promise and in Contract, Dori Kimel
6. Promises, Agreements, and Contracts, J.E. Penner
7. Contract as Fact and as Reason, Charlie Webb
8. The Practice of Promise and Contract, Liam Murphy
9. Economic Foundations of Contract Law, Avery W. Katz
10. Distributive Justice and Contract, Aditi Bagchi
Part II: Doctrinal Analysis
11. 1. An Analytic Framework for Legal Evaluation of Boilerplate, Margaret Jane Radin
12. Merchant Law in a Modern Economy, Lisa Bernstein
13. Good Faith as Contract's Core Value, Daniel Markovits
14. The Nature of Vitiating Factors in Contract Law, Mindy Chen-Wishart
15. Mitigation, Fairness and Contract Law, George Letsas and Prince Saprai
16. Remedies for Breach of Contract: One Principle or Two?, Stephen A. Smith
17. Efficient Breach, Gregory Klass