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Full-Text Articles in Legal Education
Book Review Of Contracts: Cases And Commentaries, Richard F. Devlin Frsc
Book Review Of Contracts: Cases And Commentaries, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
The fifth edition of Boyle and Percy, Contracts: Cases and Commentaries manifests this tension between the ideas market and the products market. When one contrasts this edition to the first there is a significant, though by no means fundamental, shift in emphasis. The ideas dimension has taken on a larger role, but mostly in the form of a grafting onto the conventional structure rather than through conceptual reorientation. The following brief comments attempt to assess the benefits and costs of this incrementalist strategy in the spirit of what bell hooks and Cornel West have described as "critical affirmation".
The Death Of Reliance, Randy E. Barnett
The Death Of Reliance, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In the mid-1970s, it was an article offaith that contract was not properly conceived as a means by which persons could, by their own choice, make law for themselves to govern their relations. Instead, contract was thought best conceived as the rectification of injuries persons may have caused by their verbal conduct in much the same way that persons have a duty to rectify the injuries caused by their physical acts. With contracts, these injuries consisted of detrimental reliance on the words of another. So conceived, both contract and tort duties are imposed by law, and do not arise from …