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Good Faith and Fault in Contract Law$
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Jack Beatson and Daniel Friedman

Print publication date: 1997

Print ISBN-13: 9780198265788

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198265788.001.0001

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Relational Contracts

Relational Contracts

Chapter:
(p.291) 11 Relational Contracts
Source:
Good Faith and Fault in Contract Law
Author(s):

Melvin A Eisenberg

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198265788.003.0011

This chapter argues that the relational contract literature cannot offer a definition of relational contracts, to which special rules are to apply. It advances the theory that most contracts are in fact relational, and that the weakness of both classical law and modern relational theory derives from their shared implicit assumption that most contracts are discrete. Because most contracts are relational, a special body of law for relational contracts cannot be created. Instead, the general principles of contract law should be sufficiently expansive to deal appropriately with both relational and discrete contracts.

Keywords:   contract law, classical law, relational theory, discrete contracts

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