Philosophy 2080 Lecture Notes - Lecture 10: Contract, Puffery, Expectation Damages
17 Feb 2016
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Document Summary
Our legal rights and obligations arise from our choices. Bargain theory: wants to save it as having a lot of human agency and intention, can get very tempting to adjust the bargain, make it fair, but, a contract being fair isn"t up to the courts. Hostage our future when we enter into a contract has a moral component. Disagreement with fried: nothing different from tort law, damages based on transaction, detrimental reliance (negligent misrep) Autonomy: about duty and human agency, says contract is a kantian law agree to do something in the future, we invoke trust, rely on it. Intend to keep promise: give up some of it when we enter into a contract because we. Efficient breach: not supposed to change mind later, ex: guitar, got into contract for 500, then found out it was worth. 5000: think that it"s worth it to breach contract and pay damages, frowned upon by the courts.
