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Full-Text Articles in Contracts
Freedom From Things: A Defense Of The Disjunctive Obligation In Contract Law, Jennifer Nadler
Freedom From Things: A Defense Of The Disjunctive Obligation In Contract Law, Jennifer Nadler
Articles & Book Chapters
This article argues that the disjunctive obligation in contract law can be justified on moral grounds. It argues that from a perspective that regards human beings as free agents capable of choice and therefore independent of material objects, the contracting parties must be understood as agreeing to mutually guarantee one another's ownership of a certain value. This guarantee can be fulfilled either by handing over what was promised or by making up the difference between the market value and the contract value of what was promised. The plaintiff's contractual right is therefore a right that the defendant perform or pay. …
A Theory Of Mistaken Assumptions In Contract Law, Jennifer Nadler
A Theory Of Mistaken Assumptions In Contract Law, Jennifer Nadler
Articles & Book Chapters
In Great Peace Shipping v Tsavliris Salvage, the English Court of Appeal rejected the equitable doctrine of mistaken assumptions, arguing that the doctrine lacks a principled foundation. Defenders of the doctrine appear to agree that the doctrine lacks a coherent animating principle, but they think that its open-endedness is an argument in its favour. Against both the critics and the defenders, this article argues that the equitable doctrine of mistaken assumptions is a principled doctrine, one that protects individual self-determination by setting aside a contract that, due to a mistake about the quality of the thing contracted for, serves …