The theory of contract in Scots law: tracing theoretical threads
Promovendus: Dr. S.J. Bogle
Promotor: Prof.Dr. K.G.C. Reid
Duur: 1/9/2012 - 31/8/2014
Promotie: Edinburgh, 28/1/2016
This research project looks at the role and use of normative reasons to justify the enforcement of contractual obligations in Scots law. Due to the uncodified nature of Scots contract law this raises interesting questions regarding the role of jurists and institutional writers in this process. Additionally, given the receptiveness of Scots law, to both common law as well as civil law influences, an interesting interaction is played out in Scots contract law between various sources of contract law and understandings of contract generally. By teasing out implicit normative understandings and discourses within Scots contract law, this research seeks to provide material from which one can answer contemporary questions which test Scots contract law.