This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Introduction to Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract.

• I: METHODOLOGY


• II: GENERAL THEORIES OF CONTRACT


• 3: The Nature of Contractual Obligations: The Analytic Question


• 4: The Justification of Contractual Obligations: The Normative Question


• III: CONTRACT LAW DOCTRINES


• 6: The Kinds of Agreements that are Enforced: Formalities, Intention to Create Legal Relations, Consideration, and Estoppel


• 7: The Kinds of Agreements not Enforced: Substantive Limitations on Enforceability


• 8: The Content of the Contract: Interpreting and Implying Terms


• 9: Excuses for Non-Performance: Duress, Unconscionability, Mistake, Misrepresentation, Frustration, and Discharge for Breach


• 10: Breach of Contract: The Puzzle of Strict Liability


• 11: Remedies for Breach

Prof Stephen Smith is Professor of Law at McGill University, Montreal and former Tutor and Fellow in Law at St Anne's College, Oxford.