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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

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Fuller and the Theory of Contract

Fuller and the Theory of Contract

Chapter:
(p.73) 4 Fuller and the Theory of Contract
Source:
Essays on Contract
Author(s):

P. S. Atiyah

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198254447.003.0004

One of the most original, interesting, and profound legal thinkers of the present century is the late Lon Fuller, with ‘The Reliance Interest in Contract Damages’ as one of the most influential single articles in the entire history of modern contract scholarship. This chapter is an exploration of Fuller's case book, specifically his section on ‘The Role of Contract’, about the ‘principles of social ordering’. Fuller's overall theory of contractual obligation reflects several weaknesses and ambiguities which are due to his failure to expound a systematic theory of contract. These difficulties can be classified into three groups and are discussed in detail in this chapter.

Keywords:   Lon Fuller, Reliance Interest, Contract Damages, contract, social ordering, contractual obligation

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