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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2019

Contracts

Series

Fordham Law School

Discipline

Articles 1 - 2 of 2

Full-Text Articles in Law

Risk-Averse Contract Interpretation, Aditi Bagchi Jan 2019

Risk-Averse Contract Interpretation, Aditi Bagchi

Faculty Scholarship

No abstract provided.


Voluntary Obligation And Contract, Aditi Bagchi Jan 2019

Voluntary Obligation And Contract, Aditi Bagchi

Faculty Scholarship

Absent mistake or misrepresentation, most scholars assume that parties who agree to contract do so voluntarily. Scholars tend further to regard that choice as an important exercise in moral agency. Hanoch Dagan and Michael Heller are right to question the quality of our choices. Where the fundamental contours of the transaction are legally determined, parties have little opportunity to exercise autonomous choice over the terms on which they deal with others. To the extent that our choices in contract do not reflect our individual moral constitutions — our values, virtues, vices, the set of reasons we reject and the set …