Justice in Transactions : : A Theory of Contract Law / / Peter Benson.
Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congrue...
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Superior document: | Title is part of eBook package: De Gruyter Harvard University Press Complete eBook-Package 2019 |
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Place / Publishing House: | Cambridge, MA : : Harvard University Press, , [2019] ©2019 |
Year of Publication: | 2019 |
Language: | English |
Online Access: | |
Physical Description: | 1 online resource (560 p.) |
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Other title: | Frontmatter -- Contents -- Preface -- Introduction -- PART ONE. PRINCIPLES -- A. Formation -- Introduction: With What Should an Account of Contract Formation Begin? -- 1. Consideration: Its Meaning, Role, and Consequences -- 2. Offer and Acceptance, the Objective Test, and Contractual Intent -- 3. Implication -- B. Fairness -- 4. The Paradigm of Contractual Fairness: The Principle of Unconscionability -- 5. Three Other Doctrines about Fair Terms -- 6. Fairness and Assent in Standard Form Contracts -- C. Enforcement -- 7. Fundamental Ideas -- 8. Unity and Diversity in the Law of Contract Remedies -- 9. Expectation Damages and Contract Theory -- PART TWO. THEORY -- 10. Contract as a Transfer of Ownership -- 11. A Moral Basis for Contract as Transfer -- 12. The Stability of Contract as Transfer -- Notes -- Table of Cases -- Acknowledgments -- Index |
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Summary: | Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism. |
Format: | Mode of access: Internet via World Wide Web. |
ISBN: | 9780674241985 9783110652031 |
DOI: | 10.4159/9780674241985 |
Access: | restricted access |
Hierarchical level: | Monograph |
Statement of Responsibility: | Peter Benson. |