The changing nature of the doctrine of consideration, 1750–1850

Swain, Warren

doi:10.1080/01440360500034529

Cited by 7 publications

(3 citation statements)

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“…In the end this came to nothing. 144 An early nineteenth century attempt to introduce moral consideration also came to grief. 145 Attacks on the flank of consideration met with more success than frontal assaults.…”

Section: F the Will Theory Of Contract And The Marginalisation Of Prmentioning

confidence: 99%

Contract as Promise: The Role of Promising in the Law of Contract. An Historical Account

Swain

2013

Edinburgh Law Review

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Section: F the Will Theory Of Contract And The Marginalisation Of Prmentioning

confidence: 99%

Contract as Promise: The Role of Promising in the Law of Contract. An Historical Account

Swain

2013

Edinburgh Law Review

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“…It was sometimes difficult to accommodate with longstanding contract doctrine such as consideration. 237 On other occasions it was used to rationalize existing doctrine in new ways. Such was the case with the doctrine of offer and acceptance.…”

Section: Contractual Unfairness Will Theory and Doctrinal Indecisionmentioning

confidence: 99%

Reshaping Contractual Unfairness in England 1670–1900

Swain

2014

The Journal of Legal History

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“…185 Attempts to undermine consideration by stealth using moral consideration also ended in failure. 186 The fact that in the end it was necessary to resort to invention rather than outright radicalism 187 provides a valuable reminder of how obdurate well-established doctrine could be.…”

Section: Legal Literature In the Early Nineteenth Centurymentioning

confidence: 99%

The classical model of contract: the product of a revolution in legal thought?

Swain

2010

Legal stud.

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Writing in the introduction to his new treatise on contract in 1826, Joseph Chitty observed that ‘Perhaps no branch of the jurisprudence of this country has of late years been more subject of judicial inquiry and decision than the Law of Contracts’. It is generally accepted that the so‐called classical model of contract law, which remains influential into the present day, was created at this time. Ever since the subject first attracted sustained attention from legal historians in the 1970s, the driving forces of these developments have been contested. Some saw legal change as a product of economic and social factors. For others the reception of new ways of thinking and legal literature provided a more convincing explanation. What is not usually disputed is that there was a fundamental revolution in contract doctrine and literature in the nineteenth century. This assumption is open to challenge. It fails to give proper weight to the past. In fact these changes were deeply rooted in the eighteenth century and even earlier.

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The changing nature of the doctrine of consideration, 1750–1850

Cited by 7 publications

References 0 publications

Contract as Promise: The Role of Promising in the Law of Contract. An Historical Account

Contract as Promise: The Role of Promising in the Law of Contract. An Historical Account

Reshaping Contractual Unfairness in England 1670–1900

The classical model of contract: the product of a revolution in legal thought?

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