Chapter

Fuller and the Theory of Contract

P. S. Atiyah

in Essays on Contract

Published in print August 1990 | ISBN: 9780198254447
Published online March 2012 | e-ISBN: 9780191681493 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198254447.003.0004

Series: Clarendon Paperbacks

Fuller and the Theory of Contract

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One of the most original, interesting, and profound legal thinkers of the present century is the late Lon Fuller, with ‘The Reliance Interest in Contract Damages’ as one of the most influential single articles in the entire history of modern contract scholarship. This chapter is an exploration of Fuller's case book, specifically his section on ‘The Role of Contract’, about the ‘principles of social ordering’. Fuller's overall theory of contractual obligation reflects several weaknesses and ambiguities which are due to his failure to expound a systematic theory of contract. These difficulties can be classified into three groups and are discussed in detail in this chapter.

Keywords: Lon Fuller; Reliance Interest; Contract Damages; contract; social ordering; contractual obligation

Chapter.  8694 words. 

Subjects: Civil Law

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