When are Agreements Enforceable? Giving Consideration to Professor Barnett's Consent Theory of Contract

IUS Gentium, Vol. 12, 2006

22 Pages Posted: 19 Aug 2008 Last revised: 29 Aug 2008

See all articles by James R. Maxeiner

James R. Maxeiner

University of Baltimore - School of Law

Date Written: May 20, 2005

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.

Keywords: contract law, consideration, intent to be bound, German law

Suggested Citation

Maxeiner, James R., When are Agreements Enforceable? Giving Consideration to Professor Barnett's Consent Theory of Contract (May 20, 2005). IUS Gentium, Vol. 12, 2006, Available at SSRN: https://ssrn.com/abstract=1232742

James R. Maxeiner (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States
410-837-4628 (Phone)

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