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Look Inside Contract Law and Social Morality

Contract Law and Social Morality

Author: Peter M. Gerhart, Case Western Reserve University, Ohio

Date Published: August 2022
availability: Not yet published - available from October 2024
format: Paperback
isbn: 9781316501986

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About the Authors

When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.
- Introduces a method of reasoning about contractual obligations that is not restricted by doctrine to demonstrate a unified theory of obligations that undergirds torts, contracts, and property
- Suggests a method of reasoning that integrates deontic and consequentialist thought that breaks down barriers that separate moral and economic reasoning and allows scholars to work across disciplinary boundaries
- Identifies factors and values that determine legal doctrine in order to increase transparency by allowing lawyers and scholars to identify and evaluate the factors and values that support doctrinal implementation and evolution
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Product details
- Date Published: August 2022
- format: Paperback
- isbn: 9781316501986
- length: 231 pages
- dimensions: 229 x 152 x 12 mm
- weight: 0.318kg
- availability: Not yet published - available from October 2024
Table of Contents
Introduction: Understanding implied obligations: reasoning and methodology
Part I. Grounds for a Supplemental Approach:
1. Individuals and relationships
2. Authority's limits
3. Promises and obligations
4. Maximization and cooperation
Part II. Values-balancing Legal Reasoning:
5. The foundations of value-balancing legal reasoning
6. The scope of obligations
7. The source of obligations
8. Relationality redux: law on the ground and law on the books
Part III. Applications:
9. Legal enforceability: formation
10. Performance obligations: methodological issues
11. Performance obligations: the values-balancing approach
12. Consumer contracts and standard terms
13. Excused performance and risk allocation
14. Remedies
Conclusion.
Look Inside
Author
Peter M. Gerhart, Case Western Reserve University, Ohio
Peter M. Gerhart is John Homer Kapp Professor of Law at Case Western Reserve University. Professor Gerhart may hold a record for teaching the most courses in the law school curriculum: twenty-five. His three books exploring the concept of an individual's responsibility to others cover Torts, Property, and Contracts, and implement a process of reasoning that is both deontic and consequential.