The Law of Contract 1670-1870

The Law of Contract 1670-1870

by Warren Swain

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The foundations for modern contract law were laid between 1670 and 1870. Rather than advancing a purely chronological account, this examination of the development of contract law doctrine in England during that time explores key themes in order to better understand the drivers of legal change. These themes include the relationship between lawyers and merchants, the role of equity, the place of statute, and the part played by legal literature. Developments are considered in the context of the legal system of the time and through those who were involved in litigation as lawyers, judges, jurors or litigants. It concludes that the way in which contract law developed was complex. Legal change was often uneven and slow, and some of the apparent changes had deep roots in the past. Clashes between conservative and more reformist tendencies were not uncommon.

Product Details

ISBN-13: 9781316234334
Publisher: Cambridge University Press
Publication date: 02/12/2015
Series: Cambridge Studies in English Legal History
Sold by: Barnes & Noble
Format: NOOK Book
File size: 736 KB

About the Author

Warren Swain is an Associate Professor at the TC Beirne School of Law, University of Queensland, Australia.

Table of Contents

1. Introduction; 2. The legal system and the law of contract; 3. Lawyers and merchants; 4. Lawyers and merchants II; 5. Equity and the common law; 6. Lord Mansfield and his successors; 7. Equity and the regulation of unfairness in contracting: the usury laws – a case study; 8. The classical model of contract: the product of a revolution in legal thought?; 9. Classical contract law and its limits; 10. Contract law, illegality and public policy; 11. Contract law and statute law; 12. Conclusion.

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