This piece, which examines ideas from both US and European contract law, considers whether there is any emerging consensus in contract theory. It suggests that what is styled a ‘co-operative will theory’ would provide a sound basis for developing the law, and that such a theory reflects the emerging consensus in European legal harmonization projects.
Hogg, Martin, Contract Theory: Is There a Path Through the Theoretical Jungle? (January 9, 2012). Edinburgh School of Law Research Paper No. 2011/44.