EXPLORING CONTRACT LAW. Ed by Jason W Neyers, Richard Bronaugh and Stephen G A Pitel. Oxford: Hart Publishing (www.hartpub.co.uk), 2009. xix + 442 pp. ISBN 9781841139067. £75.
| DOI | 10.3366/elr.2011.0012 |
| Date | 01 January 2011 |
| Published date | 01 January 2011 |
| Author | Laura Macgregor |
| Pages | 151-153 |
The essays in this collection are based on papers delivered at a symposium entitled “Exploring Contract Law” held at the University of Western Ontario in January 2008. The editors describe the conference as involving “ …good intellectual punch-ups” (v). The pugilists in question were “those who see law as an adjectival study focused on the work of the courts and commerce, and others who dedicate their careers to more philosophical musings about legal concepts” (v).
The brief given to the participants was a wide one: the presenters were asked to explore contract law in one of three ways: “[f]irst, they could (re)explore doctrines that are considered tangential or antiquated … Second, they could explore what appeared to be settled principles in light of recent case law developments … Third, they could explore black letter contract law from a theoretical or comparative perspective” (xi). Given this wide brief, not surprisingly the collection varies in subject matter and approach. The book does not disappoint, providing much food for thought on the Common Law approach to both substantive contract law and theories of contract law.
Particular highlights for this reader include the essay contributed by Robert Stevens, “Damages and the Right to Performance: A
Steven Smith's opening essay, “The Limits of Contract”...
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