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A Historical Introduction to the Law of Obligations$
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David Ibbetson

Print publication date: 2001

Print ISBN-13: 9780198764113

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780198764113.001.0001

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5. The Substantive Law of Contract

5. The Substantive Law of Contract

Chapter:
(p.71) 5. The Substantive Law of Contract
Source:
A Historical Introduction to the Law of Obligations
Author(s):

D. J. IBBETSON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198764113.003.0006

This chapter discusses how the structure of contractual liability was laid down by the end of the 13th century and remained fundamentally the same through the 14th and 15 centuries. Liability depended on the voluntary agreement; whatever form of action was in issue, only the parties to the agreement were affected by it; whatever the form of action, the purpose of the plaintiff's claim was to obtain the value of the intended performance; and in informal contracts, the law was concerned only with relationships of reciprocity.

Keywords:   contractual liability, voluntary agreement, reciprocity

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