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The Objective Standard of Interaction in Contract Law: The Reasonable Person

  • Martín Hevia
Chapter
  • 1.2k Downloads
Part of the Law and Philosophy Library book series (LAPS, volume 101)

Abstract

In this chapter, I claim that contractual interactions should be approached from the perspective of thereasonable person. This chapter develops in more detail the idea of the reasonable person. I show how it can be used to explain several contractual doctrines. In particular, I argue for an objective test of contract formation and against a subjective account. Finally, against both communitarian and feminist objections, I argue that this Rawlsian idea provides a better justification for the legitimate use of state coercion.

Keywords

Supra Note Reasonable Person Contract Formation Public Standard Subjective Understanding 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media Dordrecht. 2013

Authors and Affiliations

  • Martín Hevia
    • 1
  1. 1.School of LawUniversidad Torcuato Di TellaBuenos AiresArgentina

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