A Summary of the Principles of the Law of Simple Contracts
Author : Claude Charles Molyneux Plumptre
Publisher :
Page : 326 pages
File Size : 28,38 MB
Release : 1879
Category : Contracts
ISBN :
Author : Claude Charles Molyneux Plumptre
Publisher :
Page : 326 pages
File Size : 28,38 MB
Release : 1879
Category : Contracts
ISBN :
Author : Peter Benson
Publisher : Belknap Press
Page : 625 pages
File Size : 28,20 MB
Release : 2019-12-17
Category : Law
ISBN : 0674237595
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Author : Claude Charles Molyneux Plumptre
Publisher :
Page : 0 pages
File Size : 29,10 MB
Release : 2024-09-30
Category :
ISBN : 9783386982481
Author : Arthur Underhill
Publisher :
Page : 372 pages
File Size : 33,79 MB
Release : 1881
Category : Torts
ISBN :
Author : George Colwell Oke
Publisher :
Page : 996 pages
File Size : 42,28 MB
Release : 1881
Category : Justices of the peace
ISBN :
Author : Claude Charles Molyneux Plumptre
Publisher : Legare Street Press
Page : 260 pages
File Size : 32,42 MB
Release : 2021-09-09
Category :
ISBN : 9781013568053
This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author : Sir Arthur Underhill
Publisher :
Page : 408 pages
File Size : 26,60 MB
Release : 1889
Category : Torts
ISBN :
Author :
Publisher : BoD – Books on Demand
Page : 510 pages
File Size : 37,12 MB
Release :
Category :
ISBN : 3385458188
Author : Gregory Klass
Publisher : OUP Oxford
Page : 417 pages
File Size : 37,28 MB
Release : 2014-12-18
Category : Law
ISBN : 019102208X
In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.
Author : Henry John Stephen
Publisher :
Page : 716 pages
File Size : 19,15 MB
Release : 1880
Category : Law
ISBN :