On the will theory of contract in the works of P. Atiyah: the concept of promise and its modern challenges

Abstract

The importance of P. Atiyah's views for the development of the will theory of contract cannot be overstated. His studies on contract law stand out among other doctrinal sources of common law, which were strongly influenced, on the contrary, by the bargain theory. Their analysis shows that the influence of civil law on the understanding of the contract, which became most powerful in the 19th century, still exists to this day. However, a number of critical remarks and challenges regarding the will theory force the author to seek answers to the expressed doubts. Their analysis helps to conclude whether the will theory is able to retain its significance and adequately respond to the demands of contract law.

References

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