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

Format:

Book

Author/Creator:

Benson, Peter, Author.

Language:

English

Subjects (All):

Contracts.

Physical Description:

1 online resource (625 pages)

Place of Publication:

Cambridge, MA : Harvard University Press, [2019]

Language Note:

In English.

Summary:

Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.

Contents:

Frontmatter

Contents

Preface

Introduction

PART ONE. PRINCIPLES

A. Formation

Introduction: With What Should an Account of Contract Formation Begin?

1. Consideration: Its Meaning, Role, and Consequences

2. Offer and Acceptance, the Objective Test, and Contractual Intent

3. Implication

B. Fairness

4. The Paradigm of Contractual Fairness: The Principle of Unconscionability

5. Three Other Doctrines about Fair Terms

6. Fairness and Assent in Standard Form Contracts

C. Enforcement

7. Fundamental Ideas

8. Unity and Diversity in the Law of Contract Remedies

9. Expectation Damages and Contract Theory

PART TWO. THEORY

10. Contract as a Transfer of Ownership

11. A Moral Basis for Contract as Transfer

12. The Stability of Contract as Transfer

Notes

Table of Cases

Acknowledgments

Index

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 26. Nov 2019)

ISBN:

9780674241992

0674241991

9780674241985

0674241983

OCLC:

1129167617