Contract Law and Social Morality

Peter M. Gerhart (Case Western Reserve University, Ohio)

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English

Cambridge University Press
25 August 2022

Law; Law & society; Laws of Specific jurisdictions; Company, commercial & competition law; Contract law

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.

By: Peter M. Gerhart (Case Western Reserve University Ohio)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 12mm
Weight: 318g
ISBN: 9781316501986
ISBN 10: 1316501981
Pages: 231
Publication Date: 25 August 2022
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction: Understanding implied obligations: reasoning and methodology; Part I. Grounds for a Supplemental Approach: 1. Individuals and relationships; 2. Authority's limits; 3. Promises and obligations; 4. Maximization and cooperation; Part II. Values-balancing Legal Reasoning: 5. The foundations of value-balancing legal reasoning; 6. The scope of obligations; 7. The source of obligations; 8. Relationality redux: law on the ground and law on the books; Part III. Applications: 9. Legal enforceability: formation; 10. Performance obligations: methodological issues; 11. Performance obligations: the values-balancing approach; 12. Consumer contracts and standard terms; 13. Excused performance and risk allocation; 14. Remedies; Conclusion.

Peter M. Gerhart is John Homer Kapp Professor of Law at Case Western Reserve University. Professor Gerhart may hold a record for teaching the most courses in the law school curriculum: twenty-five. His three books exploring the concept of an individual's responsibility to others cover Torts, Property, and Contracts, and implement a process of reasoning that is both deontic and consequential.