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Legal History

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Wayne R. Barnes

Selected Works

2015

Articles 1 - 3 of 3

Full-Text Articles in Law

Hadley V. Baxendale And Other Common Law Borrowings From The Civil Law, Wayne Barnes Jul 2015

Hadley V. Baxendale And Other Common Law Borrowings From The Civil Law, Wayne Barnes

Wayne R. Barnes

In 1854, the English Exchequer Court delivered the landmark case of Hadley v. Baxendale. That case provided, for the first time in the common law, a defined rule regarding the limitations on recovery of damages for breach of contract. It has been widely celebrated as a landmark in the law of contracts, and more widely as a triumph of the common law system. A little over a decade after it was decided, it had already become highly regarded, for Chief Baron Pollock stated in 1866: “[A] more extensive and accurate knowledge of decisions in our law books, and a more …


Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes Jul 2015

Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes

Wayne R. Barnes

When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Farnsowrth has been described as “the great contemporary American scholar, and one of a handful of great world scholars, on the law of agreement...[He] was...perhaps The Authority on the law of contracts and much more.” Similarly, others have called him “the premiere figure in American Contracts law scholarship since the passing of Corbin and Dawson. The treatise and his half of the Second Restatement would be quite a contribution if there was nothing else.” Farnsworth’s casebook is perennially the most widely-adopted …


Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes Jul 2015

Theory And Anti-Theory In The Work Of Allan Farnsworth, Wayne R. Barnes

Wayne R. Barnes

When Allan Farnsworth passed away on January 31, 2005, the world lost a titan in the field of contracts. Farnsowrth has been described as “the great contemporary American scholar, and one of a handful of great world scholars, on the law of agreement...[He] was...perhaps The Authority on the law of contracts and much more.” Similarly, others have called him “the premiere figure in American Contracts law scholarship since the passing of Corbin and Dawson. The treatise and his half of the Second Restatement would be quite a contribution if there was nothing else.” Farnsworth’s casebook is perennially the most widely-adopted …