Foundational Principles of Contract Law

Abstract

Foundational Principles of Contract Law is similar to a hornbook—that is, a one-volume treatise on a given legal subject that is intended primarily for law-school students—in length, but differs from a hornbook in two critical respect. First, hornbooks are primarily devoted to setting out the principles and rules of a given legal subject, with some attention to the rationale of those principles and rules, only occasional attention to critiquing those principles and rules, and little or no attention to considering whether those principles and rules should be modified or replaced. In contrast, while Foundational Principles sets out the principles and rules of contract law it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of Foundational Principles is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Second, Foundational Principles is intended for all members of the profession—law-school students, judges, practicing lawyers, and academics—and more generally for all persons interested in the law, including students in pre-law courses and members of the public.