England and the Continent: Distinguishing the Peculiarities of the English Common Law of Contract

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Dike, 2009 - Law - 58 pages
Since law is indelibly marked by its history, it is hardly surprising that law and legal thinking in England - and the mainly Anglophone countries which follow it - are very different from those in countries in the European-continental tradition, which includes all of Latin America and much of the Near and Far East. This presents a real challenge to the comparatist who seeks to see the global picture. No topic better illustrates the difference between the continent and England than their respective approaches to the law of contract. This book examines England's law of contract, for not only is it at the heart of private law, but it affects other areas as well, and it has been the object of analysis, debate, and theorizing on both sides of the English Channel. By studying this core of the law of obligations, one can come to see the basic structure of a legal system and the way its component parts are interconnected.

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Contents

Introduction
9
the Doctrine and its Historical Background
16
The Emergence of a Doctrine of Consideration
25
Copyright

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