Book contents
- Frontmatter
- Contents
- Table of Cases
- Preface
- 1 Introduction: empire of reason, or republic of common sense?
- 2 Intention, will and agreement
- 3 Promise, bargain and consideration
- 4 Unequal transactions
- 5 Mistake
- 6 Public policy
- 7 Enforcement
- 8 Conclusion: joint dominion of principle and policy
- Select Bibliography
- Index
- References
3 - Promise, bargain and consideration
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- Table of Cases
- Preface
- 1 Introduction: empire of reason, or republic of common sense?
- 2 Intention, will and agreement
- 3 Promise, bargain and consideration
- 4 Unequal transactions
- 5 Mistake
- 6 Public policy
- 7 Enforcement
- 8 Conclusion: joint dominion of principle and policy
- Select Bibliography
- Index
- References
Summary
As we have seen, Addison asserted in 1847 that the principles of contract law were immutable, universal and eternal. This kind of assertion rests on an assumption that contract law everywhere must be governed by the same principles, a proposition that might aptly be described as a ‘syncretic and ahistorical supposition’. An examination of the doctrine of consideration, before and after 1847, shows that the conceptual bases of the doctrine, often, but not always, called principles, have varied markedly from time to time, as has the substance of the law.
- Type
- Chapter
- Information
- Principle and Policy in Contract LawCompeting or Complementary Concepts?, pp. 58 - 86Publisher: Cambridge University PressPrint publication year: 2011