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Author:
Mitchell, Catherine, 1966- author.
Title:
Vanishing contract law : common law in the age of contracts / Catherine Mitchell, University of Birmingham.
Publisher:
Cambridge University Press,
Copyright Date:
2022
Description:
xxiv, 232 pages ; 24 cm.
Subject:
Contracts--England.
Contracts--English-speaking countries--Philosophy.
Contrats--Angleterre.
Contrats--Anglophonie--Philosophie.
Contracts.
Contracts--Philosophy.
England.
English-speaking countries.
Notes:
Includes bibliographical references and index.
Contents:
Vanishing contract law -- Contract common law trends -- Contractualisation and the common law retreat -- Private ordering, regulation and contract law -- Contracts through the gaps -- Future challenges for contract law -- The oossibility of common law revival -- Conclusion.
Summary:
"This work analyses why, despite its past significance and manifest influence throughout the common law world, the English common law of contract, associated with the classical model, now faces functional and moral redundancy. This is mainly because of its failure to respond to transformations in how contracts are created and enforced in modern society. The book will assess the role of contract law in regulating and facilitating contracts, law's detachment from a significant role in policing contracting activity, whether contract law can adapt to changes in contracting processes, and if it is possible to revive the common law of contract in order to improve the alignment between contract law and the 'real world' of contracting experience"-- Provided by publisher.
Series:
Law in context
ISBN:
1009077392
9781009077392
1316514137
9781316514139
OCLC:
(OCoLC)1292590303
LCCN:
2022003232
Locations:
OVUX522 -- University of Iowa Libraries (Iowa City)

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