Chapter

Contract Law and Theory in 1770–11

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/9780198255277.003.0007
Contract Law and Theory in 1770–11

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This chapter examines the nature and function of contract law in England in the 18th century and the process of change it was experiencing. It suggests that wholly executory contracts did not perfectly recognize the enforced and they did not match the paradigm case of contract theory at all. The findings reveal that during this period, the enforcement of contractual liability by way of claim for damages for loss of bargain, which is the typical mode of enforcing an executory contract today, was almost completely unknown.

Keywords: contract law; contract theory; England; executory contract; contractual liability; damages

Chapter.  11828 words. 

Subjects: Civil Law

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