Contracts

Edited by Ori Herstein (King's College London, Hebrew University of Jerusalem)
Related categories
Siblings:

77 found
Order:
1 — 50 / 77
  1. added 2019-03-07
    The Right to Exit and Skilled Labour Emigration: Ethical Considerations for Compulsory Health Service Programmes.Yusuf Yuksekdag - forthcoming - Developing World Bioethics.
    Compulsory (health) service contracts have recently received considerable attention in the normative literature. The service contracts are considered and offered as a permissible and liberal alternative to emigration restrictions if individuals relinquish their right to exit via contract in exchange for the state‐funded tertiary education. To that end, the recent normative literature on the service programmes has particularly focused on discussing the circumstances or conditions in which the contracts should be signed, so that they are morally binding on the part (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  2. added 2018-10-09
    Moral Market Design.Sam Fox Krauss - 2019 - Kansas Journal of Law and Public Policy 28 (2).
    We often encounter people who we believe are behaving immorally. We routinely try to change minds and often donate to charitable organizations that do the same. Of course, this does not always work. In a liberal, rights-based society, we have to tolerate this. But legal entitlements to act in ways that others find immoral are inefficiently allocated. For example, some meat-eaters value eating meat less than some vegetarians would be willing to pay them to stop. While many have written about (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  3. added 2018-06-21
    Avant-propos : Contrats de partenariat public privé (2018) par Pascal Mukonde Musulay ISBN 978-2-88931-244-3.Ignace Haaz - 2018 - Globethics African Law Series No. 5.
    Le présent ouvrage fait suite aux deux précédents volumes de l’auteur : (2015) Droit des affaires en Afrique subsaharienne et économie planétaire, et (2016) : Démocratie électorale en Afrique subsaharienne Entre droit, pouvoir et argent, publiés par les Éditions Globethics. Bien que Pascal Mukonde convoque le thème du contrat du point de vue strictement juridique et dans le contexte du droit africain en RD. Congo, sur une ligne de recherche systématique (p.75), nous souhaitons mentionner comme préliminaire, la place de l’éthique (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  4. added 2018-03-22
    Legal Agreements and the Capacities of Agents.Andrei Buckareff - 2014 - In Law and the Philosophy of Action. Leiden, Netherlands: Brill. pp. 195-219.
    Most work at the intersection of law and the philosophy of action focuses on criminal responsibility. Unfortunately, this focus has been at the expense of reflecting on how the philosophy of action might help illuminate our understanding of issues in civil law. In this essay, focusing on Anglo-American jurisprudence, we examine the conditions under which a party to a legal agreement is deemed to have the capacity required to be bound by that agreement. We refer to this condition as the (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  5. added 2017-09-21
    The Morals of Moral Hazard: A Contracts Approach.McCaffrey Matthew - 2017 - Business Ethics: A European Review 26 (1):47-62.
    Although moral hazard is a well-known economic concept, there is a long-standing controversy over its moral implications. The language economists use to describe moral hazard is often value-laden, and implies moral judgments about the persons or actions of economic agents. This in turn leads some to question whether it is actually a scientific concept, or simply a convenient tool for criticizing certain public policies. At present, there is no consensus about the moral meaning of moral hazard, or about whether the (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  6. added 2017-08-25
    A Complainant-Oriented Approach to Unconscionability and Contract Law.Nicolas Cornell - 2016 - University of Pennsylvania Law Review 164:1131-1175.
    This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  7. added 2017-08-25
    The Puzzle of the Beneficiary's Bargain.Nicolas Cornell - 2015 - Tulane Law Review 90:75-128.
    This Article describes a jurisprudential puzzle—what I call the puzzle of the beneficiary’s bargain—and contends that adequately resolving this puzzle will require significant revisions to basic premises of contract law. The puzzle arises when one party enters into two contracts requiring the same performance, and the promisee of the second contract is the third-party beneficiary of the first. For example, a taxi driver contracts with a woman to transport her parents from the airport next week, and then the driver separately (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  8. added 2017-07-17
    Is There a Case for Strict Liability?Larry Alexander - 2018 - Criminal Law and Philosophy 12 (3):531-538.
    In this short paper, I shall answer the title’s question first in the context of criminal law and then in the context of tort law. In that latter section, I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus. My conclusions will be that strict liability is never proper as the basis for retributive punishment; that it is a very crude device for achieving deterrence through nonretributive (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  9. added 2017-07-11
    How Not to Do Things with Rules.J. N. Adams - 1985 - Oxford Journal of Legal Studies 5 (3):446-452.
  10. added 2017-07-10
    Problems of Liability for Breach of a Preliminary Agreement.Dangutė Ambrasienė & Indrė Kryžiūtė - 2012 - Jurisprudencija: Mokslo darbu žurnalas 19 (2):561-583.
    Due to its specificity, the legal institute of preliminary agreement poses a number of questions. This pre-contractual agreement is not yet a contract. Therefore, the form and scope of legal protection will not be the same as that guaranteed to contracting parties. However, the European legal systems would claim that the relationships between the parties during pre-contractual negotiations have to be regulated and protected by the law. The first part of this article deals with the legal nature of pre-contractual liability: (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  11. added 2017-01-17
    Obligations of the Buyer and Remedies for the Buyer’s Breach of Contract.Ronald A. Brand, Harry Flechtner & Franco Ferrari - 2009 - In Ronald A. Brand, Harry Flechtner & Franco Ferrari (eds.), The Draft Uncitral Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  12. added 2017-01-17
    Remedies for Breach of Contract in European Private Law – Principles of European Contract Law, Acquis Communautaire and Common Und Frame of Reference.Reiner Schulze - 2009 - In New Features in Contract Law. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  13. added 2017-01-17
    Remedies for Breach of Contract in the DCFR.Gerhard Wagner - 2009 - In The Common Frame of Reference: A View From Law & Economics. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  14. added 2017-01-17
    General Provisions, Obligations of the Seller, and Remedies for Breach of Contract by the Seller.Ronald A. Brand, Harry Flechtner & Franco Ferrari - 2009 - In Ronald A. Brand, Harry Flechtner & Franco Ferrari (eds.), The Draft Uncitral Digest and Beyond: Cases, Analysis and Unresolved Issues in the U.N. Sales Convention. Sellier de Gruyter.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  15. added 2017-01-14
    Contract as Promise: A Theory of Contractual Obligation.Charles Fried - 2015 - Oxford University Press USA.
    Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  16. added 2016-12-12
    Liability and Responsibility: Essays in Law and Morals.R. G. Frey & Christopher W. Morris (eds.) - 1991 - Cambridge University Press.
    This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics in the philosophy of law, focusing on issues concerning liability in contract, tort and criminal law. The book is divided into four sections. The first provides a conceptual overview of the issues at stake in a philosophical discussion of liability and responsibility. The second, third and fourth sections present, in turn, more detailed explorations of the roles of notions of liability and responsibility in (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  17. added 2016-12-08
    The Contract of Employment - Ethical Dimensions.Anders J. Persson - 2006 - Journal of Business Ethics 66 (4):407-415.
    In this paper, the nature of the contract of employment is explored from an ethical point of view. It is argued that certain normative arguments should be taken into account in order to justify such a contract. Furthermore, an argument is developed against the claim that (a) the individual’s freedom of decision and (b) the practice of institutional arrangements are sufficient to justify a contract of employment. The dimensional analysis offered shows that further conditions are needed: (a) must be elaborated (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  18. added 2016-12-08
    Neutrality, Autonomy, and Freedom of Contract.Kimel Dori - 2001 - Oxford Journal of Legal Studies 21 (3):473-494.
    The article examines the popular notion that liberalism, or liberal theory of contract, is committed to a particularly rigid conception of the freedom of contract. The article argues that this notion is mistaken, and seeks to identify its roots in certain misconceptions of modern liberalism and its implications, and in a certain misunderstanding concerning the nature of contract. Neutral political concern, the value of personal autonomy, and finally the belief that contracts are identical to promises in terms of their significance (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  19. added 2016-10-25
    Contract Law.Larry Alexander - 1991
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  20. added 2016-09-06
    Authority, Oaths, Contracts, and Uncertainty in War.Seth Lazar - 2015 - Thought: A Journal of Philosophy 4 (1):52-58.
    Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We standardly think (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  21. added 2016-07-15
    Natural Advantages and Contractual Justice.Larry Alexander & William Wang - 1984 - Law and Philosophy 3 (2):281 - 297.
    Anthony Kronman has argued that libertarians cannot distinguish non-arbitrarily between legitimate and illegitimate advantage-taking in contractual relations except by reference to a liberal, wealth-redistributive standard Kronman calls paretianism. We argue to the contrary that libertarians need not concede that any advantage-taking in contracts is legitimate and thus need not be liberal paretians with respect to advantage-taking.
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  22. added 2016-03-21
    On the Topic of the Divergence Between Legal and Moral Obligations in Common Law.Tareq Al-Tawil - 2012 - Canadian Journal of Law and Jurisprudence 25 (1):5-37.
    If common law is to run parallel to the morality of promissory obligation, it must require the breaching seller to keep his promise, not simply to pay off the buyer. However, in the event of promise-breaking, common law orders the defendant to compensate the claimant for the loss that flows from the breach of the duty to perform. The following questions then arise: why does English law not order the defendant to do the very thing that the substantive duty requires (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  23. added 2016-03-21
    Does Restitution for Wrongdoing Give Effect to Primary or Secondary Rights?Tareq Al-Twail - 2011 - Canadian Journal of Law and Jurisprudence 24 (2):243-275.
    There are two main and quite distinct contractual interests or rights constitutive of a contract. First, the interest in securing the contracted-for performance; secondly, the interest in ensuring, if that performance is not completely secured or not secured at all, that one is not left worse off as a result thereof. The claimant can bring a claim to give effect to his performance interest and/or can bring a claim to give effect to his compensation interest. It can be argued, however, (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  24. added 2015-08-17
    Private Law and Justice.Sandy Steel - 2013 - Oxford Journal of Legal Studies 33 (3):607-628.
    This article is in two parts. The first part critically examines the foundations of Weinrib’s theory of corrective justice. It casts doubt upon his claim that private law faces incoherence if it is not entirely based upon corrective justice and questions the normative appeal of that view. The second part makes a variety of critical observations in relation to Weinrib’s corrective-justice-based treatment of particular areas of private law.
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  25. added 2015-08-17
    On the Applications of Game Theory in Contract Law.Wojciech Załuski - 2011 - In Jerzy Stelmach & Wojciech Załuski (eds.), Game Theory and the Law. Copernicus Center Press.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  26. added 2015-08-17
    A Theory of Contract Law: Empirical Insights and Moral Psychology.Peter A. Alces - 2011 - Oup Usa.
    In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Understandings and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their interpretive doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and, argues that (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  27. added 2015-08-17
    Contract as Promise-Casi 30 Años Después.Martín Hevia - 2010 - Isonomía. Revista de Teoría y Filosofía Del Derecho 32:195-208.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  28. added 2015-08-17
    Damages for Breach of Contract: Compensation, Restitution and Vindication.David Pearce & Roger Halson - 2008 - Oxford Journal of Legal Studies 28 (1):73-98.
    In this article we examine the role which vindication plays in contract damages. Vindication describes the making good of a right by the award of an adequate remedy. We argue that, while the primary purpose of compensation is to provide an indemnity for loss, an award of compensatory damages will nevertheless generally vindicate the right to performance of the contract. We go on to consider a distinct measure of damages, vindicatory damages. These, we argue, are neither compensatory nor restitutionary, neither (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  29. added 2015-08-17
    Can Contract Theory Ground Morality?Philip Pettit - 2006 - In James Lawrence Dreier (ed.), Contemporary Debates in Moral Theory. Blackwell. pp. 6--77.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  30. added 2015-08-17
    Performance and Compensation: An Analysis of Contract Damages and Contractual Obligation.Charlie Webb - 2006 - Oxford Journal of Legal Studies 26 (1):41-71.
    Although there is an increasing body of opinion that awards of damages for breach of contract should take account of the claimant’s performance interest, there has been little in the way of analysis of what the performance interest is. Commonly the concept is put forward as simply a reformulation or reconceptualization of the expectation interest, itself hitherto regarded as the one true contractual interest. Such thinking is flawed. A closer analysis of contract doctrine shows there to be two distinct contractual (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  31. added 2015-08-17
    The Enforceability of Promises in European Contract Law. Edited by James Gordley.R. Brownsword - 2004 - The European Legacy 9:381-381.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  32. added 2015-08-17
    From Promise to Contract Towards a Liberal Theory of Contract.Dori Kimel - 2003
    Remove from this list  
     
    Export citation  
     
    Bookmark   2 citations  
  33. added 2015-08-17
    A Libertarian Theory or Contract: Title Transfer, Binding Promises, and Inalienability.N. Stephan K_insella - 2003 - Journal of Libertarian Studies 17 (2):11-37.
    Remove from this list  
     
    Export citation  
     
    Bookmark   3 citations  
  34. added 2015-08-17
    Intimate Relationships, Relational Contract Theory, and the Reach of Contract.John Wightman - 2000 - Feminist Legal Studies 8 (1):93-131.
    This article explores the role of contract law inintimate relationships, focussing on tacit or onlypartially express agreements rather than expressprenuptial or cohabitation contracts. It welcomes theembrace of relational contract theory by feminist andgay and lesbian commentators, but argues that keydifferences between commercial and intimaterelationships need further analysis if the potentialof relational theory in cases of informal agreement isto be realised. The first difference is that,while commercial contracts can draw on the context ofa contracting community as a source of norms to (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  35. added 2015-08-17
    Justifying Liability to Third Parties for Negligent Misstatements.Witting Christian - 2000 - Oxford Journal of Legal Studies 20 (4):615-643.
    The courts have experienced difficulty in justifying the imposition of liability to third parties for negligent misstatements. The justifications ordinarily invoked relate to notions of assumption of responsibility and detrimental reliance. These can be seen, in turn, to rest upon a normative framework of give and take (or «mutuality») between statement makers and third party recipients. This article challenges the cogency of that normative framework and offers an alternative based upon the remedial nature of tort, which has traditionally focused upon (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  36. added 2015-08-17
    Ben Jonson and the Law of Contract.Luke Wilson - 1993 - Cardozo Studies in Law and Literature 5 (2):281-306.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  37. added 2015-08-17
    Property and Contract in Economics: The Case for Economic Democracy.David Ellerman - 1992 - Blackwell.
    From a pre-publication review by the late Austrian economist, Don Lavoie, of George Mason University: -/- "The book's radical re-interpretation of property and contract is, I think, among the most powerful critiques of mainstream economics ever developed. It undermines the neoclassical way of thinking about property by articulating a theory of inalienable rights, and constructs out of this perspective a "labor theory of property" which is as different from Marx's labor theory of value as it is from neoclassicism. It traces (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark   3 citations  
  38. added 2015-08-17
    What is a Contract of Adhesion?Angela R. Holder - 1991 - IRB: Ethics & Human Research 13 (4):10.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  39. added 2015-08-17
    Charles Fried, Contract as Promise: A Theory of Contractual Obligation Reviewed By.A. D. Woozley - 1982 - Philosophy in Review 2 (4):168-170.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  40. added 2015-08-17
    A Libertarian Theory Of Contract: Title Transfer, Binding Promises, Inalienability.N. Kinsella - 1978 - Journal of Libertarian Studies 2:11-37.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  41. added 2015-08-17
    The Limits of Contract.Larry Kenneth Biesenthal - 1978 - Dissertation, York University (Canada)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  42. added 2015-08-17
    The Breach, Again.M. E. Williams - 1969 - Ratio (Misc.) 11 (1):79.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  43. added 2015-03-24
    The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?David Cabrelli & Rebecca Zahn - unknown
    If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Société Générale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  44. added 2015-03-24
    Private Law and Public Virtue: A Philosophical Analysis of Contractual Obligation.Stephen Thomas Dare - 1992 - Dissertation, University of Alberta (Canada)
    According to some approaches to contract law, the criteria by which the existence and extent of contractual obligation is to be determined reside within the act of contracting itself. Such approaches are internalist and content-independent. Other approaches claim that contractual obligation arises only where the content of a contract is consistent with a principle of contractual obligation which stands independently of and prior to particular contracts. Such approaches are content-dependent and externalist. The principal theories of contract are either internalist and (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  45. added 2015-03-19
    Could Breach of Contract Be Immoral?Seana Valentine Shiffrin - 2009 - Michigan Law Review 107 (8):1551-1568.
    Remove from this list  
    Translate
     
     
    Export citation  
     
    Bookmark   2 citations  
  46. added 2015-03-17
    The Ethics of Breach of Contract.F. C. Sharp - 1934 - International Journal of Ethics 45 (1):27-53.
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  47. added 2014-04-03
    Should We Let Employees Contract Away Their Rights Against Arbitrary Discharge?Michael J. Phillips - 1994 - Journal of Business Ethics 13 (4):233 - 242.
    This article argues that the moral right to be discharged only for good cause and like rights can be contracted away by employees in appropriate circumstances. It maintains that the rights in question are not inalienable, and that there is nothing irrational about an employee''s wishing to deal them away. It also maintains that inequalities in bargaining power between employers and employees are insufficiently pervasive to justify a flat ban on the alienation of these rights. For a waiver of such (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  48. added 2014-03-30
    Introduction : Goals Rights and Obligations.Andrew Robertson - 2009 - In Andrew Robertson & Hang Wu Tang (eds.), The Goals of Private Law. Hart.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  49. added 2014-03-28
    Reconsidering the “Actual Contract” Theory of Political Obligation.Margaret Gilbert - 1999 - Ethics 109 (2):236-260.
    Do people have obligations by virtue of the fact that a given country is their country? Actual contract theory says they do because they have agreed to act in certain ways. Contemporary philosophers standardly object in terms of the 'no agreement' objection and the 'not morally binding' objection. I argue that the 'not morally binding' objection is not conclusive. As for the 'no agreement' objection, though actual contract theory succumbs, a closely related plural subject theory of political obligation does not. (...)
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  50. added 2014-03-26
    Corrective Justice.Ernest Joseph Weinrib - 2012 - Oxford University Press.
    Correlativity and personality -- The disintegration of duty -- Remedies -- Gain-based damages -- Punishment and disgorgement as contract remedies -- Unjust enrichment -- Incontrovertible benefit in Jewish law -- Poverty and property in Kant's system of rights -- Can law survive legal education?
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
1 — 50 / 77