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Vanishing Contract Law: Common Law in the Age of Contracts

Vanishing Contract Law: Common Law in the Age of Contracts

  • 作者:
  • 出版商: Cambridge University Press
  • ISBN: 9781009077392
  • 出版时间 June 2024
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781316514139

List Price: ¥365.66

¥354.69 Save ¥10.97 (3%)

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  • 描述 
  • 大纲 
  • 详细

    English contract law provides the invisible framework that underpins and enables much contracting activity in society, yet the role of the law in policing many of our contracts now approaches vanishing point. The methods by which contracts come into existence, and notionally create binding obligations, have transformed over the past forty years. Consumers now enter into contracts through remote and automated processes on standard terms over which they have little control.

    This book explores the substantive weakening of the institution of contract law in a society heavily dependent on contracts. It considers significant areas of contracting activity that affect many people, but that escape serious and sustained legal scrutiny. An accessibly written and succinct account of contract law's past, present and future, it assesses the implications of a diminished contract law, and the possibilities, if any, for its revival.

    • Contextualises modern contract law using practical examples, considering the role of regulation and its relationship to contract law
    • Examines practically important areas of contracting activity that affect many people, but that contract law largely ignores
    • Accessibly written account of contract law's past, present and future, making it beneficial and approachable for a wide range of readers

    Catherine Mitchell is a Reader in Private Law at the University of Birmingham. She has published widely on contract, and has been cited by the House of Lords, the Singapore Court of Appeal and by the Law Commissions of England and Scotland.

  • 1. Vanishing contract law
    2. Contract common law trends
    3. Contractualisation and the common law retreat
    4. Private ordering, regulation and contract law
    5. Contracts through the gaps
    6. Future challenges for contract law
    7. The possibility of common law revival
    8. Conclusion

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