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Establishing Agreement: The Law of Offer and Acceptance

Stephen A. Smith

in Contract Theory

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.003.0005
Subject:
Law, Law of Obligations

This chapter examines the rules on offer and acceptance from a theoretical perspective. The chapter is organized as follows. First, the ‘core offer and acceptance rule’ is considered in light of how ... More


Contract Theory

Stephen A. Smith

Published in print:
1993
Published Online:
March 2012
ISBN:
9780198765615
eISBN:
9780191695308
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765615.001.0001
Subject:
Law, Law of Obligations

This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, the ... More


Negotiation, Formation, Terms, and Interpretation

Martin Davies and David V. Snyder

in International Transactions in Goods: Global Sales in Comparative Context

Published in print:
2014
Published Online:
August 2014
ISBN:
9780195388183
eISBN:
9780199382590
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195388183.003.0003
Subject:
Law, Company and Commercial Law

The different legal ideas of precontractual liability, contract formation, contract terms, and contract interpretation are all rolled into this chapter because they spring from a single set of facts: ... More


Reconstructing Contracts

Alan Brudner

in The Unity of the Common Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592807
eISBN:
9780191767944
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592807.003.0005
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter discerns the form of dialogic community in the formalist and equity paradigms of contract law. It describes dialogic community as a mutual recognition between independent agencies. It ... More


Contracting

MALCOLM CLARKE

in Policies and Perceptions of Insurance Law in the Twenty-First Century

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199273300
eISBN:
9780191699672
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199273300.003.0004
Subject:
Law, Law of Obligations

The rules of law governing the formation of contracts of insurance are the same as those which govern the formation of most other kinds of contract: the ritual matching of offer and acceptance. This ... More


Contract as Promise: A Theory of Contractual Obligation

Charles Fried

Published in print:
2015
Published Online:
May 2015
ISBN:
9780190240158
eISBN:
9780190240196
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190240158.001.0001
Subject:
Law, Company and Commercial Law

This book is a study of the foundations and structure of contract law. It has both a theoretical purpose and a pedagogic purpose. It moves from trust to promise to the nuts and bolts of contract law. ... More


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