Contract Theory examines the logical and conceptual structures that arise in the process of making, honoring, and enforcing contracts. The touchstone of Anglo-American contract law is the determination of contractual intent. Two theories have competed for center stage: the subjective theory of the "meeting of the minds" and the objective theory in which the parties' manifestations and the transaction's contextual factors became the means for contract interpretation and enforcement. The implementation of the objective theory of contract is the "reasonable person standard." Larry DiMatteo focuses on the development, construction, and application of the reasonable person standard. He undertakes a study of the origins of the reasonable person in the disciplines of philosophy, theology, and psychology and concludes with an examination of the interplay between this objective standard and the subjectivity of judgment. The importance of the synthesis of the objective and subjective elements of contracts is crucial for a complete understanding of contract law.
Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal.
[E]ven with eBay's heroic effort to simplify, would most people understand a term stating that “when you give us content, ... People want to surf the internet without even having to click “I agree” every time they enter a new site, ...
Very diverse societies pose real problems for Rawlsian models of public reason. This is for two reasons: first, public reason is unable accommodate diverse perspectives in determining a regulative ideal.
A concise introduction to the theory of contracts, emphasizing basic tools that allow the reader to understand the main theoretical models; revised and updated throughout for this edition.
48 765 F. Supp. 181,183 (D. N.J.), rev«d, 958 F.2d 1242 (3d Cir. 1992). 49 Wesley R. Smith, ... Mechanisms of the Slippery Slope, ̄ Harv. L. Rev. 116: 1026 (2003); Mario J. Rizzo andDouglas G. Whitman, ...
These articles should be helpful to anyone with training in economics.
The book concludes with a discussion of some principal objections to the enterprise of contract theory, and offers its own programme for the future of that theory taking the form of the empirical method.
Kraynak, Robert P. “Hobbes's Behemoth and the Argument for Absolutism.” Ame/7ca/, /o////ca/Science Æeview, Vol. 76, No. ... Zwo 77 easises of Gove/m/mem/. Edited by Peter Laslett. Cambridge: Cambridge University Press, 1988.
These essays carefully show that classic social-contract theory was an ancien regime genre.
In recent years there has been a significant increase of interest in continuous-time Principal-Agent models, or contract theory, and their applications.