Philosophy 2080 Study Guide - Expectation Damages, Home Hardware, Specific Performance

• School: Western University
• Department: Philosophy
• Course: Philosophy 2080
• Professor: Jeannie Gillmore

Document Summary

Covers up to the end of tort law. In tort law, society makes an objective determination about your conduct that makes you liable. In contract law, parties design their own liability, individuals decide what their rights and obligations are. A contract is legally binding, so you invoke the power of the state to enforce it. If contract law is based on promise and individual freedom then it is based on the notion of individualism. However, the law interferes with contract law by adjusting statute. You can not treat people as a means to an end; you must treat them as an end themselves, to protect the dignity of the person. Contract law involves the initial bargain that is made, people must obey their initial commitments. It may seem economically efficient for someone to breach a contract and pay the fines, but that is recognised in contract law as efficient breach .