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Cause and Consideration
Exploring the Foundations of Contract Law
Cause and Consideration
Exploring the Foundations of Contract Law
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Description
This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration.
It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements.
Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.
Table of Contents
1. Roman Origins: Typicity of Contracts in Roman Law, FJ Andrés, University of Valladolid
2. Medieval Development, João de Oliveira Geraldes, University of Lisbon
3. The Rise and Fall of Consideration in English Law, D Ibbetson, University of Cambridge
4. The Cause in Modern Doctrine and Early Codifications, D Deroussin, University of Lyon
5. The Decline of Cause, W Dajczak, University of Poznan
Part II. National Reports
6. The Role of Consideration in English Law, J Cartwright, University of Oxford
7. The French Development, O Deshayes, University of Paris-Nanterre
8. The Use of Cause of Contract in Spanish Law, A Legerén-Molina, University of Coruña
9. Germany and its Rejection of the Cause, G Albers, University of Linz
10. The Italian Variant, F Patti, Bocconi University of Milan
Part III. Functions of Cause and Consideration
11. Cause, Consideration and the Enforceability of Promises, B Rodríguez-Rosado, University of Málaga
12. Cause and the Control of Legality and Morality of Contracts, JP Murga, University of Seville
13. Cause, Consideration and Frustration of Contract, R Caro, University of Málaga
14. Cause, Consideration and Unjust Enrichment, B Häcker, University of Bonn
Part IV. Final Conclusions
15. Rethinking Cause and Consideration, N Jansen, University of Münster
Product details
| Published | Jul 24 2025 |
|---|---|
| Format | Hardback |
| Edition | 1st |
| Extent | 320 |
| ISBN | 9781509971398 |
| Imprint | Hart Publishing |
| Dimensions | 9 x 6 inches |
| Series | Hart Studies in Private Law |
| Publisher | Bloomsbury Publishing |
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