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Part III Formation of the Contract, 9 General Remarks on Contract Formation

From: Global Sales and Contract Law (2nd Edition)

Ingeborg Schwenzer, Edgardo Muñoz

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 29 March 2023

Formation of contract — Contract formation and trade practices

This chapter cites the causes and considerations in the process of contract formation. Traditionally, sales law is treated as a specialized subset of contract law. The elements of cause and consideration originated from the French legal tradition. All legal systems employing the concept of cause have traditionally distinguished the classes of cause: Impulsive cause, efficient cause, and final cause. On the other hand, consideration can be described as something of value exchanged for the promise of another. The doctrine of consideration, moreover, is one of the classic differences between common law and civil law.

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