Did We Lose the Baby with the Bath Water? The Late Scholastic Contribution to the Common Law of Contracts

Authors

Martin J. Doris

Publication Date

3-1-2005

Document Type

Symposium

Abstract

Whilst the materialisation of contract law during the latter part of the twentieth century has arguably reduced the theories of freedom and autonomy of private contract to "mere venerable principles which, on Sunday preaching, inspire much reverence in the hearts of the congregation, but leave their lives blissfully unaffected during the rest of the week," the common law of contract has remained in something of a thrall to the mantra of freedom of contract for much of the previous century. What do we know of the origins and development of the will theory in the common law of contracts?

DOI

10.37419/TWLR.V11.I2.8

First Page

361

Last Page

376

Recommended Citation

Martin J. Doris, Did We Lose the Baby with the Bath Water? The Late Scholastic Contribution to the Common Law of Contracts, 11 Tex. Wesleyan L. Rev. 361 (2005).
Available at: https://doi.org/10.37419/TWLR.V11.I2.8