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