Contracts

Indeks : p.665 - 675 ; This casebook will treat the law of contracts in relevant part under five general principles. The Autonomy Principle: the law empowers people to make and receive enforceable promises when they communicate decisions to act or refrain from acting in some definite way in the future, subject to other principles. The Security Principle: the law requires each party to a contract formation or performance to do its part to respect the other party's reasonable expectations and reliance. The Justification Principle: the law enforces promises when prima facie there are sufficient legal reasons for a court to enforce the promise. The Justice Principle: the law refrains from enforcing promises when the prima facie justification for enforcing the promise is over-ridden by considerations of justice. The Compensation Principle: the law enforces promises mainly by compensating nonbreaching parties for unavoidable, foreseeable, and reasonably certain harms caused by a breach. There are three main reasons. First, the traditional goal of a comprehensive contracts casebook. Second, contemporary thinking about contract law. Third, stems from the fact that legal rules and cases.