A HISTORY OF CONTRACT AT COMMON LAW BY S.J.STOLJAR

"This book seeks to give a coherent picture of the development of contract at common law, to bring to life the ideas and arguments, strong or weak, subtle or simple, that nurtured contract thinking over the centuries, particularly from the sixteenth to the nineteenth, thus also to show how and why English contract law became as we know it today. The chief emphasis in these pages is on the fundamental doctrines of common law contract, the doctrines that underlie its distinctive bargain character as well as explain how a bargain is formed and how it is to be kept. Accordingly, after dealing with the shortcomings of the earlier debt-detinue system (Part I), detailed attention is paid to the rise of assumpsit and consideration (Part II), to the settlement of various supplementary principles relating to simple contracts (Part III), and finally to the problems relating to performance and breach (Part IV). On the other hand, this book has little or nothing to say about the Statute of Frauds, or incapacity, or illegality, or other matters usually associated with contract law; partly because quite a few of these are well enough dealt with elsewhere; partly because some (like mistake or offer and acceptance) have no long or involved history; but mainly because the issues they raise have mostly been rather on the margin of classical contract theory."

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