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Essays on Contract$
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P. S. Atiyah

Print publication date: 1990

Print ISBN-13: 9780198254447

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198254447.001.0001

Consideration: A Restatement

Chapter:
(p. 179 ) 8 Consideration: A Restatement
Source:
Essays on Contract
Author(s):

P. S. Atiyah

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198254447.003.0008

This chapter provides a general discussion on the nature and purposes of the law relating to consideration which aims to persuade the reader to later examine the evidences set out by the author proving that the conventional account of the law is in need of restatement. The main theme utilized in this chapter closely relates to Professor Corbin's work which argues that the conventional account of the ‘doctrine of consideration’ no longer accords with the law actually enforced in the courts. The chapter further suggests that the conventional account of the law is unsatisfactory, and that scarcely one of the propositions set out later accurately represents the law.

Keywords:   consideration, restatement, Corbin, law, courts

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