Chapter

The Liberal 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/9780198254447.003.0006

Series: Clarendon Paperbacks

The Liberal Theory of Contract

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The liberal theorist argues that contract law provides for the enforcement of promises, or the payment of damages in lieu. This chapter begins by sketching a brief version of the fundamentals of contract law as perceived by the liberal. Also noted here is a view that the liberal theory of contracts is similar to the classical theory of contracts, and the only difference between the two is that classical theory is more of a historical fact. Furthermore, whether the refusal to enforce certain kinds of promises can be justified by reference to some moral-liberal theory, and the possibility of such a morally neutral system of contract law reflecting the basic principles of liberal theory, are also examined.

Keywords: liberal theorist; contract law; liberal; liberal theory; contracts; classical theory; moral-liberal theory

Chapter.  12854 words. 

Subjects: Civil Law

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