Agreements, Mistakes, and Contract Formation
Author: Beever, Allan
Source: King's Law Journal, Volume 20, Number 1, February 2009 , pp. 21-51(31)
Publisher: Hart Publishing
Abstract:This article explores the nature of contract formation. It does so by examining the will theory and the declaration theory as accounts of agreement. The article concludes that neither theory is adequate either as a description of the operation of the law in practice or, more fundamentally, as an explanation of agreement. Instead, the article recommends an alternative account - 'the objective will theory' - that both adequately explains agreement and captures the operation of the law.
Document Type: Research Article
Publication date: 2009-02-01
- Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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