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Contracts

Series

2019

Jurisprudence

Articles 1 - 2 of 2

Full-Text Articles in Law

Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman Nov 2019

Learned Hand And The Objective Theory Of Contract Interpretation, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Choice Theory: A Restatement, Michael A. Heller, Hanoch Dagan Jan 2019

Choice Theory: A Restatement, Michael A. Heller, Hanoch Dagan

Faculty Scholarship

This chapter restates choice theory, which advances a liberal approach to contract law. First, we refine the concept of autonomy for contract. Then we address range, limit, and floor, three principles that together justify contract law in a liberal society. The first concerns the state’s obligation to be proactive in facilitating the availability of a multiplicity of contract types. The second refers to the respect contract law owes to the autonomy of a party’s future self, that is, to the ability to re-write the story of one’s life. The final principle concerns relational justice, the baseline for any legitimate use …