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The Use and Abuse of Historical Narrative: Debates over Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0011
Subject:
Law, Legal History

The debate over incomplete contracts pits two sides (dubbed right and left poles), both of which rely on a common historical narrative to generate opposing normative conclusions. This historical ... More


Framing Incomplete Contracts

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0010
Subject:
Law, Legal History

Incomplete contracts and the implication of terms in contract disputes are the subjects of a considerable debate in legal scholarship and judicial opinion. This debate plays an indirect role in a ... More


Calculating Promises: The Emergence of Modern American Contract Doctrine

Roy Kreitner

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
book
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.001.0001
Subject:
Law, Legal History

This book is a history of contract law in the United States around the turn of the twentieth century. It details shifts in our conception of contract by juxtaposing scholarly accounts of contract ... More


Introduction: The Imagined Individual at the Borders of Contract

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0001
Subject:
Law, Legal History

This book traces the history of contract and contract law in the United States. It challenges conventional wisdom that our current conception of contract is the result of gradual, piecemeal ... More


Evaluating the Frame of Incompleteness Discourse

in Calculating Promises: The Emergence of Modern American Contract Doctrine

Published in print:
2006
Published Online:
June 2013
ISBN:
9780804753982
eISBN:
9780804768054
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804753982.003.0012
Subject:
Law, Legal History

The two opposing sides in the debate over incomplete contracts both rely on a flawed historical narrative. This flaw is evident in the work of judges in implying contractual obligations. Implication ... More


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