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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Contractual Relations - A Contribution to the Critique of the Classical Law of Contract (Hardcover)
Loot Price: R3,741
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Contractual Relations - A Contribution to the Critique of the Classical Law of Contract (Hardcover)
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Written by one of the leading contributors to the relational theory
of contract, Contractual Relations authoritatively explains the
form of the existing law of contract by relating it to its
economic, legal, and sociological foundations. This volume
demonstrates that economic exchange and legal contract rest on a
moral relationship by which each party legitimately pursues its
self-interest through recognition of the self-interest of the
other. This essential relationship of mutual recognition is in
stark contrast to the pursuit of solipsistic self-interest that is
central to the classical law of contract. Self-interest of this
sort is not morally defensible, nor does it enhance economic
welfare. It is for these reasons that the classical law is legally
incoherent. The fundamental inadequacies of the classical law's
treatment of agreement, consideration, and remedy have emerged as
the doctrines of the positive law of contract have been
progressively developed to give effect to the relationship of
mutual recognition. The welfarist criticism of the classical law
has, however, failed to develop a workable concept of
self-interest, and so is at odds with what must be retained from
the classical law's facilitation of economic exchange and the
market economy. The relational law of contract restates
self-interest in a morally, economically, and legally attractive
manner as the foundation of the social market economy of liberal
socialism. Contractual Relations is a fundamental critique of the
classical law of contract and the welfarist response to the
classical law, and a major statement of the relational theory of
contract. This is an essential work for academics, advanced
students, and others wishing to understand the fundamental law,
economics and sociology of contract and exchange.
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