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Full-Text Articles in Legal History

The Evolution Of Law: The Roman System Of Contracts, Alan Watson Apr 1984

The Evolution Of Law: The Roman System Of Contracts, Alan Watson

Scholarly Works

I have two aims in producing this paper. First, I wish to contribute to the general understanding of how and why law develops and explain the evolution of some very familiar legal institutions. Second, I wish to add to our knowledge of the history of Roman law, by producing a radically different view of the development of contracts, that is, I believe, both consistent with surviving textual data and plausible with regard to human behavior.


Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick Jan 1984

Contracts (1983 Annual Survey Of Michigan Law), Janete Findlater, Paula L. Ettelbrick

Law Faculty Research Publications

During the Survey period, the Michigan Supreme Court decided cases involving mutual mistake, the enforceability of a contractual limitation period, and termination of a licensing agreement. The court of appeals considered implied in fact contract theories, interpretation, the parol evidence rule, and claims for exemplary and mental distress damages for breach of contract. In addition, the court of appeals revisited rejection and acceptance under the Uniform Commercial Code, and decided several cases involving medical malpractice arbitration agreements.