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Consideration in contracts : a fundamental restatement

CollectionsANU Press (1965- Present)
Title: Consideration in contracts : a fundamental restatement
Author(s): Atiyah, P. S
Date published: 1971
Publisher: Canberra, ACT : Australian National University Press
This lecture is an attempt to restate the law relating to consideration in contracts in the light of the actual decisions of the Courts. Study of a large number of English and Australian legal decisions convinced the author that there was a wide gulf between the conventional accounts of the doctrine of consideration and the law actually enforced in the Courts. The conventional accounts give an impression of rigidity and artificiality in the law which is not always borne out in practice. The general theme of the lecture is that consideration is not an artificial requirement of the law, but merely a search for what appear to the Courts to be good and sufficient reasons for enforcing promises. Although it is directed principally to teachers of law, the lecture also contains a good deal to interest the legal practitioner. Moreover, it will be of particular interest to bodies with responsibility for law reform, as it helps to clarify one area of the law thought by many to be in need of reform.


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