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Carpi, Daniela --- "Contracts in literature: from Doctor Faustus to vampires" [2017] ELECD 615; in Monateri, Giuseppe Pier (ed), "Comparative Contract Law" (Edward Elgar Publishing, 2017) 322

Book Title: Comparative Contract Law

Editor(s): Monateri, Giuseppe Pier

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781849804516

Section: Chapter 14

Section Title: Contracts in literature: from Doctor Faustus to vampires

Author(s): Carpi, Daniela

Number of pages: 39

Abstract/Description:

According to conventional contract law, the formation of a valid agreement ordinarily involves an offer, an acceptance, and consideration. The former two elements typically take place through spoken or written language: an offeror proposes to do something in exchange for something of value to be given by an offeree. The latter may then accept the offer, reject it, or make a counteroffer. This definition of contract makes a distinction between a promise and an offer: a promise encompasses a stronger mode of commitment than an offer. From a legal perspective we may say that a contract is a juridical act which has a social-economic function. It implies a subjective will and is the manifestation of an individual’s private autonomy. The contract is the summa of different subjective wills that are structured according to a formula defined by the state. The contract marks the relational character of legal rights and exemplifies social relationships within the modern world. The form of the contract allows people to overcome any juridical limitation through the dialectics of single wills. Anything can fall under the category of contract apart from what would encroach upon one’s reason, freedom and dignity. As the Latin word indicates, ‘contract’ derives from ‘contractus’, a drawing together of two or more parties. Contractual obligation starts with the acceptance by word or action of an offer. Certain requirements must be satisfied for the formation of a legally binding contract. First, there must be an intention to contract.