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Just Exchange : A Theory of Contract - Francis H. Buckley

Just Exchange

A Theory of Contract

Paperback

Published: 30th November 2004
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Now, for the first time, there is a comprehensive, eminently readable book designed to focus thinking in the area of contract law. This book bridges the gap between law and economics by confronting normative values that economists too often deem the preserve of moral philosophers. Contract theorists, on the other hand, are seldom in sympathy with economic efficiency norms. While free bargaining continues to be regarded with suspicion by legal scholars who are hostile to private ordering, the proper scope of free bargaining remains in dispute. Combined with a recent renewed interest in this field, these academic tensions mean that the time is right for a reconsideration of contract law.
Drawing on scholarship from diverse fields and using illuminating and erudite examples, Just Exchange is entertaining as well as informative. Of interest to economists, lawyers, public policy-makers and those intersted in contract theory, this volume is a valuable overview of a vital intersection between legal studies and economics.

Preface
The Enforcement of Contracts
The Promising Game
How to Create a Game
Hume on Promising
The Principle of Fidelity
Rival Theories of Contract Law
Reliance Theories
Benefits Theories
Will Theories
The Economic Theory of Contract Law
The Need for Trust
Beneficial Reliance
Credible Commitments
Substitutes for Contract Law
Fidelity to Promising
Respect, Gratitude and Consent
Natural Duties of Support
The Limits of Bargaining Freedom
Soft Paternalism
Minors and Incompetents
Judgement Heuristics
Weakness of the Will
Screening and Signaling
Private Perfectionism
Endogenous Preferences
Internalities
Liberal Perfectionism
Social Perfectionism
Common Law Illegality
The Harm-to-Others Principle
The Disintegration Thesis
The Case for Neutralism
Substantive Fairness
Game Theoretic Bargaining Solutions
Cooperation Theories
Incentive Theories
Screening Theories
Standard Form Contracts
Contractarian Virtue
The Cultural Contradictions of Contract Law
The Aesthetic Objection
Index
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780415700276
ISBN-10: 0415700272
Series: The Economics of Legal Relationships
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 220
Published: 30th November 2004
Publisher: Taylor & Francis Ltd
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 1.27
Weight (kg): 0.34
Edition Number: 1