Agreements: A Philosophical and Legal Study - download pdf or read online

By Oliver Black

ISBN-10: 0521885604

ISBN-13: 9780521885607

Combining rigorous philosophical research with a deep wisdom of legislations, this examine of agreements illuminates criminal doctrine through philosophical conception and vice versa. opposed to the existing philosophical view of agreements, the e-book argues that they're to be understood in phrases no longer of supplies yet of provide and popularity. issues lined contain the duties linked to agreements; the sensible reasoning that leads events to make and practice agreements; the relation among contract and purpose; and the explanations the country has to intrude in agreements. There also are separate chapters dedicated to doctrines of contract within the legislation of agreement, festival and conspiracy.

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53 and Chap. 9 n. 36 below. 4 Domat (1713), bk. 1, Introduction; Gordley (1991), 109; Orchard (1974), 340. See further Chap. 7 n. 14, Chap. 8 n. 53 and Chap. 9 n. 37 below. 5 Allen (2009), 225; Beatson (1986), 21; Peel (2007), para. 8–078; Simester et al. (2010), 290; Chap. 3 n. 73, Chap. 8 n. 10 and Chap. 9 nn. 2 and 23 below. 6 Ashworth (2009), 453; Fitzpatrick (1993), 1180; Macdonald and Thompson (2003), 99; Marcus (1977), 950 n. , 340; Chap. 8 n. 10 and Chap. 9 n. 35 below. ; Bach (1995); Baier (1985), 199; Binmore (1994), 60; D.

3 n. 83 and Chap. 9 n. 10 below. There is a large literature on the broader and related question whether ‘ought’ implies ‘can’. See, for example, Frankena (1950); McConnell (1989); Montefiore (1958); Shaw (1965); Widerker (1991); M. , 79 ff. ; Stocker (1971), 314; A. White (1975), 149; M. Zimmerman (1996), 95 ff. For the application of the doctrine of mistake, in English contract law, to contracts that are impossible to perform, see Peel (2007), paras. , paras. , paras. ; also S. Smith (2005), 171 ff.

95 below, on conspiracies subject to fanciful conditions. the nature of promises 31 Y is rich but deceives X into believing that Y is a beggar, and on that basis X promises to pay Y five pounds, it appears that X has no obligation to pay the money. 33 Both suggestions are mistaken. As to the latter, X’s promise is not internally conditional: its content is not a conditional proposition. All promises are externally conditional, in the sense that there are certain conditions on which a promise, whatever its content, exists: for example, a trivial necessary condition is the existence of the promisor.

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Agreements: A Philosophical and Legal Study by Oliver Black


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