New PDF release: A Theory of Contract Law: Empirical Insights and Moral

By Peter A. Alces

ISBN-10: 0195371607

ISBN-13: 9780195371604

Long ago few many years, students have provided optimistic, normative, and such a lot lately, interpretive theories of agreement legislations. those theories have proceeded basically (indeed, inevitably) from deontological and consequentialist premises. In A conception of agreement legislation: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the best interpretive theories of agreement and demonstrates their doctrinal mess ups. Professor Alces offers the top canonical situations that tell the extant theories of agreement legislation in either their historic and transactional contexts and argues that ethical psychology offers a greater reason for the agreement doctrine than do substitute entire interpretive approaches.

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Extra resources for A Theory of Contract Law: Empirical Insights and Moral Psychology

Example text

The court ultimately finds no contract on the facts presented. The case is part of the canon because it supports a good deal of the weight of contract. If contract is distinct because it governs consensual relations, then there can be no contract without consent. Raffles recognizes and gives effect to that fundamental consent criterion. The Restatements of Contract have incorporated and refined the Raffles rules. 3 1 Raffles v. Wichelhaus, (1864) 159 Eng. Rep. ) Id. at 376. 3 Restatement (First) of Contracts § 71 (1932).

31 The only warranty in the case regarding the age of the oats that could have arisen in Smith v. Hughes would have been an implied warranty, insofar as the court found that the seller had never used the term old in relation to the oats and the buyer had not specifically inquired of their age. Indeed, Cockburn draws a direct parallel between the ad idem calculus and the warranty law: [T]he two minds were not ad idem as to the age of the oats; they certainly were ad idem as to the sale and purchase of them.

Yet we may infer something from the fact that the treatment of even related issues reveals common considerations; maybe there is nothing new under the sun. Further, we can discern from the transactional contexts in which the issues arise something about the flexibility, even malleability, of contract formation rules. It matters, too, that there seems to be something 27 28 A Theory of Contract Law: Empirical Insights and Moral Psychology fundamental about formation, about what it takes for the law to conclude that the parties’ promise has become enforceable.

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A Theory of Contract Law: Empirical Insights and Moral Psychology by Peter A. Alces

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