Private Law Theory

Abstract:
This is a review of three new books on US contract law and theory: Brian H. Bix, Contract Law: Rules, Theory, and Context (Cambridge 2012); Douglas G. Baird, Reconstructing Contracts (Harvard 2013); and Melvin A. Eisenberg, Foundational Principles of Contract Law (Oxford, forthcoming 2014). The Review discusses, among other things, disclosure duties, standard-form contracts, damages for breach of contract, disgorgement remedies, economic analysis of contract law, and theoretical pluralism. It also offers some general observations on American contract law as reflected in these books.

Zamir, Eyal, Contract Law and Theory – Three Views of the Cathedral (October 22, 2013). University of Chicago Law Review, Forthcoming.

First posted 2013-10-25 07:06:31