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8 Cards in this Set

  • Front
  • Back
Harmonize
Purpose:
1. Show that the facts of a case with a rule you don't want does not fit your client's situation
2. Distinguis between similar cases
What is the true goal of contract law?
Encourage people to make contracts.
What is the FIRST of four ways we compel people to make contracts?
1. Contract law gives the injured party the benefit of the bargain through expectancy damages (Hawkins)
What is the SECOND of four ways we compel people to make contracts?
2. Does not attempt to compel completion of the bargain (Groves)
What is the THIRD of four ways we compel people to make contracts?
3. Does not attempt to punish breacher (ACME).
What is the FOURTH of four ways we compel people to make contracts?
4. Does use personal circumstances to limit expectancy damages
ONE of two philosphies explaining contracts
Amoral Law & Economics School of Posner - contract rules are presentingly designed to maximize the wealth by encouraging efficient breaches
TWO of two philosphies explaining contracts
Moral School of Fried - curernt rules do not maximize wealth as much as the moral rule