Hardback
Consideration in Contract Law
Historic and Contemporary Principles and Perspectives
9781035323463 Edward Elgar Publishing
In this innovative book, Mark Giancaspro examines the origins, functions, principles and legacies of the common law doctrine of consideration that regulates contractual exchange. Through a systematic analysis, he explores deep-rooted rules and current controversies in legal jurisdictions across the world.
More Information
Critical Acclaim
Contents
More Information
In this innovative book, Mark Giancaspro examines the origins, functions, principles and legacies of the common law doctrine of consideration that regulates contractual exchange. Through a systematic analysis, he explores deep-rooted rules and current controversies in legal jurisdictions across the world.
Covering both the formation and renegotiation stage of a contract’s life, Consideration in Contract Law provides an overview of the history of the doctrine of consideration, as well as the related civil law doctrine of causa promissionis. Chapters review their core principles, and investigate how gifts can be distinguished from legal promises. Combining theoretical work with legal analysis, they set out how consideration can vary, for example through the existing legal duty rule and the practical benefit principle. The book also examines unique and novel forms of consideration, inspecting the legal sufficiency of natural love and affection, cryptocurrency, virtual property and lucky charms.
Providing crucial guidance on the purpose and influence of the doctrine of consideration, this book is an essential read for students and scholars of private law and contract law. It is also a valuable resource for judges and commercial lawyers seeking to understand and resolve consideration problems.
Covering both the formation and renegotiation stage of a contract’s life, Consideration in Contract Law provides an overview of the history of the doctrine of consideration, as well as the related civil law doctrine of causa promissionis. Chapters review their core principles, and investigate how gifts can be distinguished from legal promises. Combining theoretical work with legal analysis, they set out how consideration can vary, for example through the existing legal duty rule and the practical benefit principle. The book also examines unique and novel forms of consideration, inspecting the legal sufficiency of natural love and affection, cryptocurrency, virtual property and lucky charms.
Providing crucial guidance on the purpose and influence of the doctrine of consideration, this book is an essential read for students and scholars of private law and contract law. It is also a valuable resource for judges and commercial lawyers seeking to understand and resolve consideration problems.
Critical Acclaim
‘This book provides a lucid and very interesting discussion of a most important aspect of contract law, and one which has undergone a good deal of, often contested, mutation over time. The value of seeing doctrine in its historical perspective is once more vindicated.’
– Richard Austen-Baker, Lancaster University, UK
‘References to art, history, and pop culture sit comfortably alongside impressive scholarly research in Giancaspro’s illuminating and insightful account of the origins, functions, and significance of consideration. This work is as far from a dry academic textbook as it is possible to imagine – and all the better for it.’
– Catherine Mitchell, University of Birmingham, UK
– Richard Austen-Baker, Lancaster University, UK
‘References to art, history, and pop culture sit comfortably alongside impressive scholarly research in Giancaspro’s illuminating and insightful account of the origins, functions, and significance of consideration. This work is as far from a dry academic textbook as it is possible to imagine – and all the better for it.’
– Catherine Mitchell, University of Birmingham, UK
Contents
Contents
1 A history of consideration at common law
2 Causa promissionis
3 The functions of consideration
4 The measure of consideration
5 Existing legal duties
6 Novel cases
7 Consideration and the variation doctrines
8 Contract renegotiations and consideration
9 Global treatment of practical benefit
Index
1 A history of consideration at common law
2 Causa promissionis
3 The functions of consideration
4 The measure of consideration
5 Existing legal duties
6 Novel cases
7 Consideration and the variation doctrines
8 Contract renegotiations and consideration
9 Global treatment of practical benefit
Index
