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Which Is The Moral Basis Of Contract Law

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Introduction to Philosophical Foundations of Contract Law

by G Klass 2014 Cited by 2 The claim that contracts just are legally enforceable promises has led many contract theorists back to moral theory and the analysis of promissory obligations.

Contracts under Coercion - Berkeley Law

of an agreement, whether merely moral or contractual, is a reason for its this point is assumed, the basis for it is never fully spelled out.


by NK Indrayan 1996 THE THEORY that law of contract is based on moral duty to fulfil the promises is known as 'Moral Theory of Contract'. If we look towards the origin of the.

Nature of the Contract Argument

by D Lyons Cited by 10 it is held that there is no rational basis for selecting among them. Such moral skepticism is not, of course, confined to legal.

On Fairness and Moral Force of the Employment Contract in

Dec 10, 2020 employment contract by attempting to find extra-legal justification for a moral basis of the entire contract law and a criterion for its 

The Jurisprudence of a Good Lawyer - University of Alabama

by W Probert Cited by 2 simple: What the client wants within the limits of what the legal of contract, it does not follow that contract law is without moral basis.


by S Shavell Cited by 90 See also STEVEN SHAVELL, FOUNDATIONS OF ECONOMIC ANALYSIS OF LAW 304-12, 338-55, 638-. 40 (2004). 5 Seana Shiffrin, Could Breach of Contract Be Immoral? 108  23 pages

Does Contract Law Need Morality?

by KD Krawiec 2018 bitious market theory of contract, which he argues is a superior normative foundation for contract law than either the moralist or.

Adam Smith's Case for Reviving Moral Consideration

by MK Mollert Cited by 17 the uniformity and predictability of contract law). count of emotional deliberation, and it forms the basis for Smith's.

Good Faith as Contract's Core Value - NYU Law

by D Markovits 2014 Cited by 12 the distinct form of legal obligation that contracts establish. An initial section intro- Philosophical Foundations of Contract Law.

4000 contract law: general theories

by R Craswell 1999 Cited by 97 When contracts are incomplete, the law must rely on default rules to resolve This basis for selecting default rules has been supported by two economic.24 pages

Good Faith: The Law and Morality

by S Colombo 1993 Cited by 11 intention is to look at the philosophical basis of the individualist position in Burton, Breach of Contract and the Common Law Duty to Perform in Good 

Promises In Contract Law - BAR RITA

Consideration Contract law Meaning and Types Contract Law. Robert incurred no moral basis in here promise principle by free we may voluntarily impose.9 pages

Obligation to Obey the Law: A Study of the Death of Socrates

by A D'Amato 2010 Cited by 32 Three possible bases for an ethical obligation to obey the law are examined. consented to such a contract, Socrates argued that since each Athenian 

The Moral Hazard of Contract Drafting - Scholarship Repository

by EA Zacks 2015 Cited by 10 contract law reforms typically have focused on the non-drafting party's ability Unconscionability: The Case for Using Knowing Assent as the Basis for 


by MI Swygert 1986 Cited by 3 relationship of legal obligation to moral responsibility are rare in the enforceable under contract law, or to drive an automobile with due.

Legal and Moral Duty in Game Theory: Common Law Contract

by R Birmingham 1969 Cited by 52 Law Contract and Chinese Analogies. Robert Birmingham moral suasion form alternative bases for its resolution will then be demonstrated.

Moral Obligation as Consideration in Contracts - Villanova

by WJ Grosse 1971 Cited by 16 a moral obligation arising from a past relationship which did not at any time raise a legal obligation. As an example, where the promisor bases his promise 

Contract Theory - SSRN Papers

in the sense that they focus on general moral or methodological fea- tures of the theory in question These theories justify contract law on the basis of.

A Study of the Significant Aspects of German Contract Law

by M Pieck 1996 Cited by 25 Contracts which are immoral are void because of § 138(1) of the Civil Code which provides: A legal transaction is void if it is contrary to good morals.

Autonomy, Pluralism, and Contract Law Theory

by H Dagan 2013 Cited by 36 most important foundations of contract is a truism, almost a cliché.1 Contract, in Joseph Raz, Promises in Morality and Law, 95 HARV.

The Norms of Contract: The Fairness Inquiry and the Law of

by LA DiMatteo 1995 Cited by 64 In his reflection of the historical foundation of contract, Profes- distinguished positive law from matters such as morality and justice.

Moral Diversity and Efficient Breach - Michigan Law Review

by MA Seligman Cited by 8 untarily assume, leaving tort and criminal law to enforce mandatory legal duties. Doctrine expressly embraces the foundation of contract in the moral.

Introduction: The Purposes of Contract Law - Valpo Scholar

by MD Bayles 2011 Cited by 6 theories of contract law can be developed for different purposes, and contract law, he wants to explain it on a moral basis. Although Frid-.

why in principles of contract law there is a strong moral

According to Section 2 (h) of Indian Contract Act, 1872, An agreement enforceable by He calls moral obligation the 'justifying ground' of contract law.10 pages

Law's Autonomy and Moral Reason - MDPI

by J Clayton Thompson 2019 This approach asserts that the basis on which there is a necessary connection between law and morality is that certain objectively between 

A Formalist Theory of Contract Law Adjudication

by F Jiménez 2021 Cited by 3 ultimate moral foundation of contract law. Instead, I pursue a second-order question. If one thinks that contract law's best justification is instrumental, 

Voluntary Obligation and Contract

by A Bagchi 2019 Cited by 2 in contract law itself but in the material and moral imperatives that attribution of voluntariness that is the basis for treating contract as a valuable.


by J Gordley 2002 Cited by 42 My topic is the moral foundations of private law unjust enrichment, property, tort, and contract and not legal history. But I will be drawing on.

CONTRACT AS PROMISE-A Review Article Based on

by D Harris 1983 Cited by 13 To reveal the underlying coherence of that law as a basic legal i~titu~on. He finds its moral basis in the promise principle, by which we may voluntarily impose 

Social Contract Theory in American Case Law

by AL Allen Cited by 91 the Moral Foundations ofthe Substantive Criminal Law, 13 GA. L. REv. 1395, 1408-13 (1979). [hereinafter Richards, Human Rights]; Eleanor Swift, A Foundation 

The No Retraction Principle and the Morality of Negotiations

by D Markovits 2004 Cited by 14 The central philosophical puzzle about contract law involves the ground upon which contractual obligation arises. Omri Ben-Shahar's.

Law and Morality: A Kantian Perspective - Scholarship Archive

by GP Fletcher 1987 Cited by 168 tion of promising as a basis for the legal institution of contract.3 9 Er- nest Weinrib relies upon Kant's moral theory in arguing for a legal duty.


by SV Shiffrin Cited by 490 about how the moral agent is to navigate both the legal and moral systems. in FOUNDATIONS OF CONTRACT LAW 64, 64 67 (Richard Craswell & Alan Schwartz  46 pages

Moral Obligation as Consideration for a Promise in Washington

by RL Palmer 1935 Cited by 1 The power to make the contract is at the basis of the liability, and the performance of the act furnishes the consideration. ' 27 Wash. 410, 67 Pac. 998 (1902) 

Theories of Contract Law and Enforcing Promissory Morality

by BH Bix 2012 Cited by 14 ' 6 Does this mean that the enforcement of promises is the moral basis for having contract law, or perhaps for shaping contract-law doctrine one way rather than 

ETHICS AND ECONOMICS - Journal of Markets & Morality

by W Decock 2018 Foundations of Contract Law. Nathan B. Oman normative foundation of the enforceability of contracts is the support of those markets.

The Sanctity of Contracts in English Law - College of Social

The Moral Basis of Contract The Influence of the Ecclesiastical Courts Contracts in the Court of Chancery Enforceability of Contracts at. Common Law The  96 pages

Contract Law and Social Morality - Scholarly Commons

by PM Gerhart Peter M. Gerhart, Contract Law and Social Morality, 52 U. PAC. L. REV. obligations, and unaddressed ex post circumstances all require a basis from which.

Contract as Promise: A Theory of Contractual Obligation

Fried argues that the moral basis of contract law is lodged in the promise different audiences, his work is at once rich in legal theory and accessible 

Moral Basis of Legal Education As It Relates to Human Rights

by RS Pasley 1969 Cited by 2 LANGDELL, A SUAIMARY OF THE LAW OF CONTRACTS § 20-21 (2d ed. 1880). 1053. Page 3. NOTRE DAME LAWYER[. I do not 

The Morality of Contract and Moral Culpability in Breach

by D Kimel 2010 Cited by 14 been more or less constant, that in the philosophical foundations of contract tends to come and go. Here we find the law in a facilitative mode, 

A Moral Basis for Contract as Transfer - De Gruyter

by P Benson 2019 gest that it is one that is particularly well suited to be part of a public basis of justification for contract law in a modern liberal legal system.

Contract Versus Contractarianism: The Regulatory Role Of

by J Braucher 1990 Cited by 171 LEGAL STUD. 103, 129-30 (1979) [hereinafter Utilitarianism]; Posner, The Ethical and. Political Basis of the Efficiency Norm in Common Law Adjudication, 

Kant on Why Must I Keep My Promise? - Scholarly Commons

by BS Byrd 2005 Cited by 27 and the Foundations of Contract Law and Law (Contractualism and the Ethics of Contracts) at the IVR World Congress, May 24-29, 2005,.

The Expressive Effect of Specific Performance - Arizona Law

by B Depoorter Cited by 36 conflicting moral intuitions about contract breach among contracting parties. the experiment could do so on the basis of the legal remedy.25.

An Analysis of the Moral Content of the Principles of Equity

by RA Newman 1967 Cited by 1 to carry into execution such a contract, then the principles of ethics have a more extensive sway; and a purchase And the foundation of the moral law.

Contract Law, Default Rules, and the Philosophy of Promising

by R Craswell Cited by 398 Among the topics addressed by moral philosophy is the obligation recognition of the proper philosophical basis of contract law leads to.42 pages

holmes may well have been right after all: how contract law

by SML de Souza HOW CONTRACT LAW REFLECTS INTERPERSONAL MORALITY There are different possible theories that base the moral value of an act such as breach upon.

The Moral Basis for Contract Rights - Wiley Online Library

Moral considerations pertaining to contract performance, or keeping one's word generally, are usually described in the language of duties. It is believed to be a moral duty to keep one's promises, and thus to hold to one's contractual agreements, provided those contracts are morally legitimate.