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Titlebook: Reasonableness and Responsibility: A Theory of Contract Law; Martín Hevia Book 2013 Springer Science+Business Media Dordrecht. 2013 Contra

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Explaining Contract Doctrine,he actual performance, the promisee acquires something through the contract, to wit, the promisor’s performance. I continue to explain the standard remedy for breach of contract in the common law, that is, expectation damages. Then, I explain the principle of no liability for mere nonfeasance in terms of the division of responsibility.
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1572-4395 es a broad theoretical appraisal of a core area of law.AppeaIf, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? .This book proposes a Rawlsian theory of contract law. It argues that justice requires that w
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Setting the Scene: Distributive Justice, Corrective Justice, and Monism in Political Philosophy andions with a view referred to as “monism” in political philosophy and contract law.” Monists reject the distinction between distributive and corrective justice. The chapter discusses the basic tenets of two monist positions. On the one hand, those holding “the distributive approach” hold the view tha
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Libertarianism and the Law of Contracts,people want to have resources to use them in whatever way they want. Furthermore, the insight that a distribution of resources may change without giving rise to distributive injustices is very strong. My point in this chapter will be that libertarians go wrong in thinking that they have a monopoly o
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The Division of Responsibility and Contract Law,duals with an adequate share of opportunities and resources that they need in order to set and pursue their own conception of the good. Once individuals have those fair shares, citizens have to take responsibility for how their own lives go. An important way that people may pursue their plans is by
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The Objective Standard of Interaction in Contract Law: The Reasonable Person,a of the reasonable person. I show how it can be used to explain several contractual doctrines. In particular, I argue for an objective test of contract formation and against a subjective account. Finally, against both communitarian and feminist objections, I argue that this Rawlsian idea provides a
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