Material Nondisclosure, Corrective Justice, and the Division of Responsibility
This chapter is about how corrective justice accounts of contract law manage to explain material nondisclosure in the common law. Following the distinction proposed by Marc Ramsay, I will differentiate between what he refers to as “robust corrective justice” and “nonrobust corrective justice”. First, I argue that the robust corrective justice theory demands too much from the parties to a contractual agreement, leading to the transformation of obligations undertaken between parties into obligations of distributive justice. Second, I will defend the position held by nonrobust corrective justice accounts that seems consistent with the common law of contracts: the bargaining principle and the reasonable transparency principle proposed by Ramsay well explain the existence of what Ramsay refers to as an asymmetry between the obligations of the vendor and the buyer in terms of each one’s respective duty to make information known. My contribution will be to offer a theory of justice as a background for explaining why Ramsay’s vision is satisfactory. The theory of justice I propose is that of the division of responsibility.