By Peter A. Alces

Some time past few a long time, students have provided confident, normative, and such a lot lately, interpretive theories of agreement legislations. those theories have proceeded basically (indeed, unavoidably) from deontological and consequentialist premises. In A conception of agreement legislation: Empirical Insights and Moral Psychology, Professor Peter A. Alces confronts the top interpretive theories of agreement and demonstrates their doctrinal disasters. Professor Alces offers the major canonical situations that tell the extant theories of agreement legislation in either their ancient and transactional contexts and argues that ethical psychology presents a greater cause of the agreement doctrine than do substitute complete interpretive approaches.

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20 There really is no contradiction, in fact. Mental assent is requisite; it is just that the best evidence of that assent is objective indicia. So Lucy v. Zehmer relies on the Restatement provision built on Raffles21 to capture all that can be captured concerning the requisite states of mind of the parties to a contract. In terms resonant of Lucy v. ”23 Lucy v. Zehmer is also credited as a source of Section 16, “Intoxicated Persons,” of the Second Restatement, though it is not so clear that the case has anything at all to say about the contracts of intoxicated persons.

16 A Theory of Contract Law: Empirical Insights and Moral Psychology Another example: The law on contract modification is not a model of clarity. The decisions and pertinent legislative enactments reach and occasionally codify diverse conclusions. 4 But we might still conclude that Alaska Packers is part of the canon because it formulates the problem in terms that demonstrate the balance of normative considerations implicated in the contract modification setting. If law students and lawyers encounter a contract modification issue, they might only recognize it as a potential problem because of Alaska Packers, if that case were part of their first-year contracts experience.

That is, the cases are presented in terms that emphasize their canonical status according to the parameters suggested in this chapter. It is only after that catalog that the normative foundation of the canonical cases is considered in terms of the extant theories of contract. So, Chapters Three, “Contract Formation Doctrine”; Five, “Contract Performance Doctrine”; and Seven, “Contract Enforcement Doctrine,” assert the canonical status of certain cases. Chapters Four, “Theory of Contract Formation”; Six, “Theory of Contract Performance”; and Eight, “Theory of Contract Enforcement,” consider the fit of those cases with deontic and consequentialist normative theories.

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