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12. The Rise of the Will Theory

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0013
Subject:
Law, Law of Obligations, Legal History

This chapter focuses on the Will Theory. The Will Theory had a measure of intellectual coherence that the Common law wholly lacked, though this coherence had been to some extent bought at the expense ... More


13. The Decline of the Will Theory: Legal Regulation and Contractual Fairness

D. J. IBBETSON

in A Historical Introduction to the Law of Obligations

Published in print:
2001
Published Online:
February 2010
ISBN:
9780198764113
eISBN:
9780191709852
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198764113.003.0014
Subject:
Law, Law of Obligations, Legal History

This chapter discusses the decline of the Will Theory. Continental and transatlantic scholars took the lead the gradual erosion of confidence in the Will Theory and doctrines derived from it. As an ... More


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