LAWS 2202 Lecture Notes - Lecture 5: Contract, Critical Legal Studies, Charismatic Authority

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Week 5 - contract law 1 (oct 9th): At their core, a legally binding contract requires three essential elements. Contracts can range in complexity from extremely simple to remarkably complex. Complex contracts are characterized by more terms and conditions, or elements of the legally binding agreement. While they are at the formal end of the spectrum, even the most informal agreements can be injected with the structure and legal weight of more formalistic contracts. Not surprisingly, the courts, under the classical view, were extremely reticent to intervene in, or excuse individuals from, contractual obligations. Many prominent sociologists and socio-legal scholars were actively engaged in discussing the role of contracts, contract law and the law more broadly in regards to the development of modern capitalist societies. Max weber"s work can be considered in terms of two key questions; What is the character of modern [early 20th century] western capitalism society.

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