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8 Cards in this Set
- Front
- Back
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Harmonize
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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 |
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What is the true goal of contract law?
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Encourage people to make contracts.
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What is the FIRST of four ways we compel people to make contracts?
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1. Contract law gives the injured party the benefit of the bargain through expectancy damages (Hawkins)
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What is the SECOND of four ways we compel people to make contracts?
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2. Does not attempt to compel completion of the bargain (Groves)
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What is the THIRD of four ways we compel people to make contracts?
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3. Does not attempt to punish breacher (ACME).
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What is the FOURTH of four ways we compel people to make contracts?
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4. Does use personal circumstances to limit expectancy damages
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ONE of two philosphies explaining contracts
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Amoral Law & Economics School of Posner - contract rules are presentingly designed to maximize the wealth by encouraging efficient breaches
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TWO of two philosphies explaining contracts
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Moral School of Fried - curernt rules do not maximize wealth as much as the moral rule
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