A Theory of Contract Law: Empirical Insights and Moral - download pdf or read online

By Peter A. Alces

ISBN-10: 0195371607

ISBN-13: 9780195371604

Long ago few a long time, students have provided confident, 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 concept of agreement legislations: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the prime interpretive theories of agreement and demonstrates their doctrinal disasters. Professor Alces offers the best canonical circumstances that tell the extant theories of agreement legislations in either their old and transactional contexts and argues that ethical psychology offers a greater cause of the agreement doctrine than do substitute finished interpretive approaches.

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

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1954). 32 A Theory of Contract Law: Empirical Insights and Moral Psychology both had been drinking. ”18 But more to the contract formation point, even had Zehmer been jesting—as he maintained he had been—Lucy was not aware of the joke. Lucy considered the transaction to be a serious business deal. At the critical juncture, the court’s analysis seems to contradict itself. First, the court reasons, “[t]he mental assent of the parties is not requisite for the formation of a contract,”19 taking a strict objective approach.

To similar effect is Taylor v. Johnson,15 a decision of the High Court of Australia. Again, the facts concern an alleged failure of the contracting parties’ minds to meet. At issue is whether the culpability of one of the parties in failing to draw the misunderstanding of the other to the attention of that other estopped the non-mistaken party from enforcing the agreement. The court finds sufficient culpability to support estoppel. In the course of doing so, it formulates well what cases like Raffles intimate with regard to subjective versus objective theories of contract: The “subjective theory” .

What we could be looking for are the cases without which contract would not be contract, as we know it. Or, that might be too demanding a standard. It may be that canonical status could be conferred on any case that does, in fact, figure into our 1 Whether explanations of the canon need line up with the explanations of legal actors to preserve transparency is disputed. See Stephen A. Smith, Contract Theory 132–134 (2004) (objecting that efficiency theories, when compared to actual reasoning of judges, are “inappropriately ‘external’ to contract law”).

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


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