Contract Law and Social Morality

Peter M. Gerhart

doi:10.1017/9781316480106

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Christie, David Saintier, Séverine and Viven-Wilksch, Jessica 2022. Industry-Led Standards, Relational Contracts and Good Faith: Are the UK and Australia Setting the Pace in (Construction) Contract Law?. Liverpool Law Review, Vol. 43, Issue. 2, p. 287.

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Peter M. Gerhart, Case Western Reserve University, Ohio

Publisher:: Cambridge University Press
Online publication date:: February 2021
Print publication year:: 2021
Online ISBN:: 9781316480106
DOI:: https://doi.org/10.1017/9781316480106

Subjects:: Corporate Law, Socio-Legal Studies, Law

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When people in a relationship disagree about their obligations to each other, they need to rely on a method of reasoning that allows the relationship to flourish while advancing each person's private projects. This book presents a method of reasoning that reflects how people reason through disagreements and how courts create doctrine by reasoning about the obligations arising from the relationship. Built on the ideal of the other-regarding person, Contract Law and Social Morality displays a method of reasoning that allows one person to integrate their personal interests with the interests of another, determining how divergent interests can be balanced against each other. Called values-balancing reasoning, this methodology makes transparent the values at stake in a disagreement, and provides a neutral and objective way to identify and evaluate the trade-offs that are required if the relationship is to be sustained or terminated justly.

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Contract Law and Social Morality

This Book has been cited by the following publications. This list is generated based on data provided by Crossref.

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Contents

Contract Law and Social Morality
pp i-ii

Contract Law and Social Morality - Title page
pp iii-iii

Copyright page
pp iv-iv

Dedication
pp v-vi

Contents
pp vii-x

Preface
pp xi-xiii

Acknowledgments
pp xiv-xiv

Introduction
pp 1-16

Part I - Grounds for a Supplemental Approach
pp 17-64

1 - Individuals and Relationships
pp 19-27

2 - Authority’s Limits
pp 28-40

3 - Promises and Obligations
pp 41-52

4 - Maximization and Cooperation
pp 53-64

Part II - Values-Balancing Legal Reasoning
pp 65-104

5 - The Foundations of Value-Balancing Legal Reasoning
pp 67-74

6 - The Scope of Obligations
pp 75-84

7 - The Source of Obligations
pp 85-93

8 - Relationality Redux
pp 94-104

Part III - Applications
pp 105-206

9 - Legal Enforceability
pp 107-122

10 - Performance Obligations
pp 123-131

11 - Performance Obligations
pp 132-156

12 - Consumer Contracts and Standard Terms
pp 157-167

13 - Excused Performance and Risk Allocation
pp 168-184

14 - Remedies
pp 185-206

References
pp 207-215

Index
pp 216-218

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