Contract law minimalism : a formalist restatement of commercial contract law /

Contract law minimalism : a formalist restatement of commercial contract law /

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Bibliographic Details
Author / Creator:Morgan, Jonathan (Jonathan Edward)
Imprint:Cambridge [UK] : Cambridge University Press, 2013.
Description:1 online resource (xxiv, 289 pages)
Language:English
Series:Law in context
Law in context.
Subject:
Contracts.
Commercial law.
Contracts -- Philosophy.
Commercial law.
Contracts.
Contracts -- Philosophy.
Contracts.
Contracts.
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12630542
Hidden Bibliographic Details
ISBN:9781139108171
1139108174
9781461950608
1461950600
9781107468276
1107468272
1107460735
9781107460737
1139890875
9781139890878
1107471907
9781107471900
9781107021075
1107021073
9781107464803
1107464803
Notes:Includes bibliographical references and index.
English.
Print version record.
Summary:Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.
Other form:Print version: Morgan, Jonathan (Jonathan Edward). Contract law minimalism. 9781107021075 1107021073

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