In this Book

buy this book Buy This Book in Print
summary

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.

Table of Contents

restricted access Download Full Book
  1. Cover
  2. restricted access
    • Download PDF Download
  1. Title Page, Copyright, Dedication
  2. pp. i-vi
  3. restricted access
    • Download PDF Download
  1. Contents
  2. pp. vii-x
  3. restricted access
    • Download PDF Download
  1. Acknowledgments
  2. pp. xi-xiv
  3. restricted access
    • Download PDF Download
  1. Introduction
  2. pp. 3-8
  3. restricted access
    • Download PDF Download
  1. 1. Classical Contract
  2. pp. 9-21
  3. restricted access
    • Download PDF Download
  1. 2. Product Dependence and Unequal Bargaining Power
  2. pp. 22-43
  3. restricted access
    • Download PDF Download
  1. 3. Reasonable Expectations
  2. pp. 44-73
  3. restricted access
    • Download PDF Download
  1. 4. Relational Torts
  2. pp. 74-103
  3. restricted access
    • Download PDF Download
  1. 5. Bad Faith Breach and Remedies Reform
  2. pp. 104-132
  3. restricted access
    • Download PDF Download
  1. 6. Article 2 of the Uniform Commercial Code
  2. pp. 133-150
  3. restricted access
    • Download PDF Download
  1. 7. Choices and Prohibitions
  2. pp. 151-174
  3. restricted access
    • Download PDF Download
  1. Notes
  2. pp. 175-200
  3. restricted access
    • Download PDF Download
  1. Index
  2. pp. 201-206
  3. restricted access
    • Download PDF Download
Back To Top

This website uses cookies to ensure you get the best experience on our website. Without cookies your experience may not be seamless.