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3 - Promise, bargain and consideration

Published online by Cambridge University Press:  07 September 2011

Stephen Waddams
Affiliation:
University of Toronto
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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 Law
Competing or Complementary Concepts?
, pp. 58 - 86
Publisher: Cambridge University Press
Print publication year: 2011

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References

Fuller, L 1941
Hamburger, P.A 1989
Reiter, B 1977
Waddams, S.M 1998 1999
Smith, S 1997
1862
Spence, 1999
Robertson, A 2000
1979
2007

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