Reconciling Contract Law's Objective and Subjective Standards

نویسندگان

چکیده

Although the common law of contract is often said to favour ‘objectivity’, it sometimes seems adopt a ‘subjective’ standard. The apparent tendency switch between rival standards troubles many scholars. In response, some seek vindicate objectivity alone as one true Others propose single abstract theoretical rationale that can allegedly encompass both standards. I suggest different approach. try develop fuller appreciation what objective and subjective are they achieve. conclude each substantive ethical ideal specifies certain minimal requirements decency in business dealing. On this view, two not rivals but complementary. Nor need we invoke any more understand them.

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ژورنال

عنوان ژورنال: Modern Law Review

سال: 2023

ISSN: ['0026-7961', '1468-2230']

DOI: https://doi.org/10.1111/1468-2230.12819