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Agreements, mistakes, and contract formation: a comparative theoretical analysis

Agreements, mistakes, and contract formation: a comparative theoretical analysis
Agreements, mistakes, and contract formation: a comparative theoretical analysis
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.
0961-5768
21-51
Beever, Allan
d6fc17ac-e12b-4e30-a646-edb3e5edf595
Beever, Allan
d6fc17ac-e12b-4e30-a646-edb3e5edf595

Beever, Allan (2009) Agreements, mistakes, and contract formation: a comparative theoretical analysis. King's Law Journal, 20 (1), 21-51.

Record type: Article

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.

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Published date: February 2009

Identifiers

Local EPrints ID: 147949
URI: http://eprints.soton.ac.uk/id/eprint/147949
ISSN: 0961-5768
PURE UUID: 2b66c3a1-64f5-49b5-bd8f-8edf48ffd5d2

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Date deposited: 27 Apr 2010 08:45
Last modified: 14 Mar 2024 01:00

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Contributors

Author: Allan Beever

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