The University of Southampton
University of Southampton Institutional Repository

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.

PDF
AMCF.pdf - Version of Record
Restricted to Repository staff only

More information

Published date: February 2009

Identifiers

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

Catalogue record

Date deposited: 27 Apr 2010 08:45
Last modified: 18 Jul 2017 19:33

Export record

Download statistics

Downloads from ePrints over the past year. Other digital versions may also be available to download e.g. from the publisher's website.

View more statistics

Atom RSS 1.0 RSS 2.0

Contact ePrints Soton: eprints@soton.ac.uk

ePrints Soton supports OAI 2.0 with a base URL of https://eprints.soton.ac.uk/cgi/oai2

This repository has been built using EPrints software, developed at the University of Southampton, but available to everyone to use.

We use cookies to ensure that we give you the best experience on our website. If you continue without changing your settings, we will assume that you are happy to receive cookies on the University of Southampton website.

×