Cause and Consideration: Exploring the Foundations of Contract Law

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Bruno Rodríguez-Rosado (University of Málaga, Spain) Rocío Caro Gándara (University of Málaga, Spain)

Cause and Consideration

Exploring the Foundations of Contract Law

Bruno Rodríguez-Rosado (University of Málaga, Spain), Rocío Caro Gándara (University of Málaga, Spain), Antonio Legerén-Molina (University of A Coruña, Spain)

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English

Hart Publishing
26 June 2025

Series: Hart Studies in Private Law

This book provides a comprehensive study of two parallel notions of civil and common law: cause and consideration.

It does this in three ways; with historical, comparative, and functional perspectives. Aspects of cause and consideration are hotly contested by contract lawyers and this book will bring clarity by looking at the English and Continental positions. Key areas of focus include: enforceability, questions of legality and morality, contractual justice, and the correction of unjustified property displacements.

Bringing together a team of experts, the book discusses (in some cases for the first time in English) complex questions of both academic and practical importance.

Edited by: Bruno Rodríguez-Rosado (University of Málaga Spain), Rocío Caro Gándara (University of Málaga, Spain), Antonio Legerén-Molina (University of A Coruña, Spain)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 236mm, Width: 164mm, Spine: 24mm
Weight: 625g
ISBN: 9781509971398
ISBN 10: 1509971394
Series: Hart Studies in Private Law
Pages: 320
Publication Date: 26 June 2025
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Part I. Origins and Historical Development 1. Roman Origins: Typicity of Contracts in Roman Law 2. Medieval Development 3. The Rise and Fall of Consideration in English Law 4. The Cause in Modern Doctrine and Early Codifications 5. The Decline of Cause Part II. National Reports 6. The French Development 7. The Italian Variant 8. The Use of Cause of Contract in Spanish Law 9. Germany and its Rejection of the Cause 10. The Role of Consideration in English Law Part III. Functions of Cause and Consideration 11. Cause, Consideration and the Enforceability of Promises 12. Cause and the Control of Legality and Morality of Contracts 13. Cause, Consideration and Frustration of Contract 14. Cause, Consideration and Unjust Enrichment Part IV. Final Conclusions 15. Rethinking Cause and Consideration

Bruno Rodríguez-Rosado is Professor of Law at the University of Málaga, Spain. Rocío Caro Gándara is Professor of Law at the University of Málaga, Spain. Antonio Legerén-Molina is Professor of Law at the University of A Coruña, Spain.