Justice in transactions : a theory of contract law / Peter Benson.
2019
K840 .B464 2019 (Mapit)
On loan from Stacks, due 30. Jun 2025
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Details
Author
Title
Justice in transactions : a theory of contract law / Peter Benson.
Imprint
Cambridge, Massachusetts : The Belknap Press of Harvard University Press, 2019.
Copyright
©2019
Description
xii, 610 pages ; 25 cm
Formatted Contents Note
Introduction
Part One. Principles
A. Formation. Consideration: its meaning, role and consequences
Offer and acceptance, the objective test and contractual intent
Implication
B. Fairness. The paradigm of contractual fairness: the principle of unconscionability
Three other doctrines about fair terms
Fairness and assent in standard form contracts
C. Enforcement. Fundamental ideas
Unity and diversity in the law of contract remedies
Expectation damages and contract theory
Part Two. Theory. Contract as a transfer of ownership
A moral basis for contract as transfer
The stability of contract as transfer.
Part One. Principles
A. Formation. Consideration: its meaning, role and consequences
Offer and acceptance, the objective test and contractual intent
Implication
B. Fairness. The paradigm of contractual fairness: the principle of unconscionability
Three other doctrines about fair terms
Fairness and assent in standard form contracts
C. Enforcement. Fundamental ideas
Unity and diversity in the law of contract remedies
Expectation damages and contract theory
Part Two. Theory. Contract as a transfer of ownership
A moral basis for contract as transfer
The stability of contract as transfer.
Summary
This book seeks to provide a moral basis for contract law that can not only make sense of its main doctrines in their own terms but also bring out the distinct conception of justice that actually animates them. The author shows in detail that this conception of justice is purely transactional and non-distributive in character but at the same time that it fits within a larger framework of liberal justice that includes robust principles of distributive justice such as Rawls's. Even though the focus of the work is on the common law of contract, the proposed theory bears on the justification of modern contract law in other legal traditions as well, such as the civil law.-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
K840 .B464 2019
Language
English
ISBN
9780674237599 hardcover alkaline paper
0674237595 hardcover alkaline paper
0674237595 hardcover alkaline paper
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