-----Original Message-----
From: Adam Kramer
Date: Tue, 05 Jun 2007 15:57:57
Subject: ODG: Desert Island Contract Articles
I’m doing a slightly strange contract book for Hart Publishing and could do with your help. Basically the book is going to be a digest of secondary sources of contract law.
The aim is to list all good/useful/interesting/original contract law articles/chapters/monographs under subject headings, and give a couple of lines for each summarising them. I’m trying to cover England and Wales, Australia, Canada, the US (perhaps a lighter touch there), and other relevant Common Law jurisdictions, and am hoping to include theory as well as practice. A fairly mammoth task, I’m sure you will agree.
Anyway, I thought I would enlist the help of subscribers to this list. It would be really helpful if some of you could reply (to the list or to me or tell me at the imminent Contract Damages: Domestic and International Perspectives conference in Birmingham, UK, if you are going) with suggestions for articles that should go in.
I’m particularly interested in articles that are underrated/little known about/in obscure journals, i.e. that I’m likely to miss in my trawls through usual sources, but any suggestions would be useful. This will help me to avoid the natural bias that I will otherwise have, being of a particular age from a particular jurisdiction with particular interests and a particular background.
Anyway, it’s only fair that I put my money where my mouth is, some a few personal favourites (for various differing reasons) in chronological order are:
CJ Slade, ‘The Myth of Mistake in the English Law of Contract’ (1954) 70 Law Quarterly Review 385-408
Donald Harris, A Ogus & J Phillips, ‘Contract Remedies and the Consumer Surplus’ (1979) 95 Law Quarterly Review 581
Marc Owen, ‘Some Aspects of the Recovery of Reliance Damages in the Law of Contract’ (1984) 4 Oxford Journal of Legal Studies 393
James D Gordon III, ‘A Dialogue About the Doctrine of Consideration’ (1990) 75 Cornell Law Review 987
Francis Dawson, ‘Reflections on Certain Aspects of the Law of Damages for Breach of Contract’ (1995) 9 Journal of Contract Law 20-87
A Burrows, ‘Solving the Problem of Concurrent Liability’ (1995) Current Legal Problems 103, also in his Understanding the Law of Obligations (Oxford, Hart, 1998) 16-44
B Langille and A Ripstein, ‘Strictly Speaking — It Went Without Saying’ (1996) 2 Legal Theory 63-81
Timothy AO Endicott, ‘Objectivity, Subjectivity, and Incomplete Agreements’ in J Horder (editor) Oxford Essays In Jurisprudence: Fourth Series (Oxford, Oxford University Press, 2000), 151-171
Ben McFarlane and Robert Stevens, ‘In Defence of Sumpter v Hedges’ (2002) 118 Law Quarterly Review 569-599
