Reasonableness and Responsibility: A Theory of Contract Law

• Main Author: Hevia, Martn̕. (Author)
• Corporate Author: SpringerLink (Online service)
• Format: Electronic
• Language: English
• Published: Dordrecht : Springer Netherlands : Imprint: Springer, 2013.
• Series: Law and Philosophy Library, 101
• Subjects: Law.; Political science > Philosophy.; Civil law.; Theories of Law, Philosophy of Law, Legal History.; Political Philosophy.; Civil Law.
• Online Access: https://ezaccess.library.uitm.edu.my/login?url=http://dx.doi.org/10.1007/978-94-007-4605-3

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonabl...

Table of Contents:

• Introduction
• Chapter I: Setting the Scene: Distributive Justice, Corrective Justice, and Monism in Political Philosophy and Contract Law
• Chapter III: Libertarianism and the Law of Contracts
• Chapter IV: The Division of Responsibility and Contract Law
• Chapter V: Explaining Contract Doctrine
• Chapter VI: The Objective Standard of Interaction in Contract Law: The Reasonable Person
• Chapter VII: Fuller, Fried and the Nature of Contractual Rights and Remedies
• Chapter VIII: Contracts and Third Parties
• Chapter IX: Material Non-Disclosure, Corrective Justice, and the Division of Responsibility
• Index.