eTextbook: Binding Promises

Book Jacket Image

List Price 1: $29.00

eTextbook Purchase: $23.20

You save $5.80

Are you a school looking to buy multiple copies of this book?

  • Free Book Promotion

    For a limited time, this book is eligible for free.

    Click here to redeem the Facebook Offer

    Author(s): Slawson, W. David

    ISBN 10: 0691044155. See all ISBN's

    ISBN 13: 9780691044156

    Edition:

    Publisher: Princeton University Press

    This is an eTextbook Learn More

    Description:

    During its classical period, American contract law had three prominent characteristics: nearly unlimited freedom to choose the contents of a contract, a clear separation from the law of tort (the law of civil wrongs), and the power to make contracts without regard to the other party's ability to understand them. Combining incisive historical analysis with a keen sense of judicial politics, W. David Slawson shows how judges brought the classical period to an end about 1960 with a period of reform that continues to this day.

    American contract law no longer possesses any of the prominent characteristics of its classical period. For instance, courts now refuse to enforce standard contracts according to their terms; they implement the consumer's reasonable expectations instead. Businesses can no longer count on making the contracts they want: laws for certain industries or for businesses generally set many business obligations regardless of what the contracts say. A person who knowingly breaches a contract and then tries to avoid liability is subject to heavy penalties.

    As Slawson demonstrates, judges accomplished all these reforms, although with some help from scholars. Legislation contributed very little despite its presence in massive amounts and despite the efforts of modern institutions of law reform such as the Conference of Commissioners on Uniform State Laws. Slawson argues persuasively that this comparison demonstrates the superiority of judge-made law to legislation for reforming private law of any kind.

    All ISBN's for this title:

    ISBN 10: 0691044155, ISBN 13: 9780691044156, eISBN 10: 1400821967, eISBN 13: 9781400821969

    1. List price can refer to either the digital or print list price, whichever is available to Kno.
  • Cool Product Features

    Kno In Action

    Search

    Journal

    Flashcards

    Kno Me

    Smart Links