Contract Law and Theory

Using a theoretical model for teaching contracts without sacrificing either sensible case selection or doctrinal detail, the authors' commitment to the practical use of theory also commits them to a functional analysis of contract law. This serves to emphasize the instrumental effects of contract rules - how the rules are likely to influence the behaviour of similarly situated parties in the future. However, the commitment to a functional analysis of contract law does not demand the acceptance of any particular dogma. The theoretical perspective of the book aims to shape pedagogic objectives. Chapter one has a thorough doctrinal and theoretical overview, while the remaining cases, essays and notes in chapters two to ten are designed as a database, to test the introductory themes. This approach has several benefits. Once the students are familiar with both doctrine and theory, they can begin to focus on the counselling functions that contract lawyers perform. The book reminds students to study reported cases in order to avoid similar problems. A 2002 supplement is also available.