Article
When Are Agreements Enforceable? Giving Consideration to Professor Barnett's Consent Theory of Contract
All Faculty Scholarship
Document Type
Article
Publication Date
1-1-2006
Disciplines
Abstract
This address considers five points: (1) the place of theory in American contract law; (2) the basic elements of Professor Barnett's theory are; (3) how these elements are similar to Continental law; (4) what it says about the American legal world that Barnett's theory has been discussed without reference to Continental systems; and, finally, (5) why I believe the American model is not a good one for a future European Civil Code but also hope that such a Code will become law.
Citation Information
When Are Agreements Enforceable? Giving Consideration to Professor Barnett's Consent Theory of Contract, 12 IUS Gentium 92 (2006)