Chapter

Contract Law and Theory in 1770–1

P. S. Atiyah

in The Rise and Fall of Freedom of Contract

Published in print November 1985 | ISBN: 9780198255277
Published online March 2012 | e-ISBN: 9780191681578 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255277.003.0006
Contract Law and Theory in 1770–1

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This chapter examines contract law and theory in England in 1770. It discusses the concepts and principles of the evidentiary role of promises, fair exchange, quasi-contract, detrimental reliance, and enforcement of contractual duties. It states that during this period a clear and relatively simple model of contract has dominated the thinking of common lawyers. The lawyers lacked a general theory of contractual liability and most laws related to contracts involved a confusing mixture of ideas.

Keywords: contract law; contract theory; England; promises; fair exchange; detrimental reliance; contractual duties; contractual liability; lawyers

Chapter.  28888 words. 

Subjects: Civil Law

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