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The Ambitions of <i>Contract as Promise</i>

Charles Fried.

in Philosophical Foundations of Contract Law

December 2014; p ublished online March 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 15194 words.

Contract as Promise, published in 1981, was an attempt to provide a comprehensive theory of contract law, rooted in individualistic, classical liberal premises. The presiding...

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An Analytical Framework for Legal Evaluation of Boilerplate

Margaret Jane Radin.

in Philosophical Foundations of Contract Law

December 2014; p ublished online March 2015 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 13367 words.

This chapter develops an analytical framework that could help legal analysts make better decisions about boilerplate in the context of rights deletions deployed by firms against consumers....

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Ascribing and Limiting Fiduciary Obligations

Joshua Getzler.

in Philosophical Foundations of Fiduciary Law

August 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 14450 words.

It is now a common observation that fiduciary duties typically arise from consent, express or implied, and regularly operate to prohibit certain behaviours in order to improve standards of...

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Basis

Charlie Webb.

in Reason and Restitution

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Jurisprudence and Philosophy of Law. 9135 words.

No claim in unjust enrichment will lie where the claimant was under a legal obligation to confer that enrichment. Some have sought to extend this idea: no claim will lie wherever there is a...

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Can We Be Obliged to Be Selfless?

Lionel Smith.

in Philosophical Foundations of Fiduciary Law

August 2014; p ublished online October 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 12661 words.

It is generally agreed that fiduciary law is concerned with obligations that relate in some way to loyalty. The usual understanding is that there is something called a duty of loyalty. This...

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Claims

Charlie Webb.

in Reason and Restitution

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Jurisprudence and Philosophy of Law. 19705 words.

Analysis of the reasons which support unjust enrichment claims will tell us not just when these claims should arise but also what such claimants should presumptively recover. So how would a...

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Compensation as a Tort Norm

Mark A. Geistfeld.

in Philosophical Foundations of the Law of Torts

March 2014; p ublished online May 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 10412 words.

The possibility that tort law can be justified by an abstract norm of compensation has been summarily dismissed by tort scholars. A compensatory norm would seem to justify the award of...

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Concepts of Unjust Enrichment

Charlie Webb.

in Reason and Restitution

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Jurisprudence and Philosophy of Law. 8853 words.

There is no single idea, no one body of law, which has exclusive claim to the name ‘unjust enrichment’. Some take unjust enrichment to be the basis of, or trigger for, all claims for...

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Confused Culpability, Contrived Causation, and the Collapse of Tort Theory

Larry Alexander and Kimberly Kessler Ferzan.

in Philosophical Foundations of the Law of Torts

March 2014; p ublished online May 2014 .

Chapter. Subjects: Jurisprudence and Philosophy of Law; Civil Law. 10585 words.

This chapter takes up the question, 'What justifies tort law?' It identifies a domain that is central to if not co-extensive with 'torts,' and it finds that the domain consists of a motley...

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Consent

Charlie Webb.

in Reason and Restitution

February 2016; p ublished online April 2016 .

Chapter. Subjects: Civil Law; Jurisprudence and Philosophy of Law. 13612 words.

Where a claimant is accorded the authority to determine an asset’s disposition, we need to know when that authority has been properly exercised. The significance of ‘unjust factors’ such as...

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