Principle and Policy in Contract Law

Competing or Complementary Concepts?

Nonfiction, Reference & Language, Law, Contracts, Jurisprudence
Cover of the book Principle and Policy in Contract Law by Stephen  Waddams, Cambridge University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Stephen Waddams ISBN: 9781139124461
Publisher: Cambridge University Press Publication: August 18, 2011
Imprint: Cambridge University Press Language: English
Author: Stephen Waddams
ISBN: 9781139124461
Publisher: Cambridge University Press
Publication: August 18, 2011
Imprint: Cambridge University Press
Language: English

Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Although presented as being derived from the past, principles in contract law have been subject to constant reformulation, thereby facilitating legal change while simultaneously seeming to preclude it. Principle and policy have been mutually interdependent, propositions not usually being called principles unless they have been perceived to lead to just results in particular cases, and as likely to produce results in future cases that accord with common sense, commercial convenience and sound public policy. The influence of policy has been frequent in contract law, but Stephen Waddams argues that an unmediated appeal to non-legal sources of policy has been constrained by the need to formulate generalised propositions recognised as legal principles. This interrelation of principle and policy has played an important role in enabling an uncodified system to hold a middle course between a rigid formalism on the one hand and an unconstrained instrumentalism on the other.

More books from Cambridge University Press

Cover of the book Environmental Social Sciences by Stephen  Waddams
Cover of the book A Practitioner's Guide to Stochastic Frontier Analysis Using Stata by Stephen  Waddams
Cover of the book Recombinant Antibodies for Immunotherapy by Stephen  Waddams
Cover of the book The Voyage of Thought by Stephen  Waddams
Cover of the book CP Violation by Stephen  Waddams
Cover of the book Tolerance, Secularization and Democratic Politics in South Asia by Stephen  Waddams
Cover of the book The Power of Place by Stephen  Waddams
Cover of the book Fundamentals, Properties, and Applications of Polymer Nanocomposites by Stephen  Waddams
Cover of the book Worlds of Natural History by Stephen  Waddams
Cover of the book What Logics Mean by Stephen  Waddams
Cover of the book Oil Revolution by Stephen  Waddams
Cover of the book Latin America's Radical Left by Stephen  Waddams
Cover of the book The Cambridge Companion to Adorno by Stephen  Waddams
Cover of the book Duke Ellington Studies by Stephen  Waddams
Cover of the book Transnationalism in Iranian Political Thought by Stephen  Waddams
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy