Justice in transactions : a theory of contract law / Peter Benson.

Format:

Book

Author/Creator:

Benson, Peter, 1953- author.

Language:

English

Subjects (All):

Contracts.

Physical Description:

xii, 610 pages ; 25 cm

Place of Publication:

Cambridge, Massachusetts : The Belknap Press of Harvard University Press, 2019.

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.

Contents:

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.

Notes:

Includes bibliographical references and index.

ISBN:

9780674237599

0674237595

OCLC:

1088664798