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Contracts University of Adelaide
Classical contract theory • Free to enter into own agreements and the courts should not interfere BUT theory fails to consider complexities of social behaviour and distribution of economic power. Promise theory • The moral basis of the contract is the promise. Consent theory • The parties to a transaction have entitlements and they consent to transfer them. Economic theory • Contract law can be seen as a vehicle for facilitating economic exchange. Critical legal scholarship • Critique of legal formalism’s notion of contract law as a set of value-free, abstract rules that can be applied to any fact situation with predictable results. Feminist theory • Identical treatment approach: gender-neutral treatment. • Difference approach: considers differences between men and women. • Subordinate approach: considers gender of parties and power relationships between them. Contract as a Social Relationship/Relational Contract Theory • Contract is a social relationship between transacting parties and is often governed by relational norms (rather than strictly adhering to principles of contract law). Private Regulation • Contract can be understood as a means of regulating markets and exchanges. International Contract Law • The Vienna Convention: creates a standard set of principles governing international contracts for the sale of goods.
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