Contract law and social morality
著者
書誌事項
Contract law and social morality
Cambridge University Press, 2021
- : hardback
大学図書館所蔵 件 / 全2件
-
該当する所蔵館はありません
- すべての絞り込み条件を解除する
注記
Includes bibliographical references (p. 207-215) and index
内容説明・目次
内容説明
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.
目次
- 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.
「Nielsen BookData」 より