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
Date Written: May 20, 2005
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
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