The Choice Theory of Contracts

The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Hanoch Dagan (Author), Michael Heller (Author)

9781316501702, Cambridge University Press

Paperback / softback, published 18 April 2017

190 pages, 2 b/w illus.
22.8 x 15.2 x 1.2 cm, 0.31 kg

'Dagan and Heller emphasize the interpersonal dimension of freedom in contractual relations. In a world where contract is ever stronger entrenched through public and private regulation, this book comes as an urgently needed reminder to the preservation of freedom of contract as a social-political project.' Hans-Wolfgang Micklitz, European University Institute, Florence

This concise landmark in law and jurisprudence offers the first coherent, liberal account of contract law. The Choice Theory of Contracts answers the field's most pressing questions: what is the 'freedom' in 'freedom of contract'? What core values animate contract law and how do those values interrelate? How must the state act when it shapes contract law? Hanoch Dagan and Michael Heller - two of the world's leading private law theorists - show exactly why and how freedom matters to contract law. They start with the most appealing tenets of modern liberalism and end with their implications for contract law. This readable, engaging book gives contract scholars, teachers, and students a powerful normative vocabulary for understanding canonical cases, refining key doctrines, and solving long-standing puzzles in the law.

Preface
Acknowledgements
Introduction
Part I. Autonomy as a Contract Value: 1. The challenge of autonomy
2. Promise theory
3. Transfer theory
4. Recovering autonomy
Part II. The Goods of Contract: 5. Utility
6. Community
Part III. The Choice Theory of Contracts: 7. Contractual freedom
8. How contract values relate
9. Contract spheres
10. Contract types
11. Market for new types
12. Choice theory in practice
Conclusion
Notes
Index.

Subject Areas: Contract law [LNCJ]