What systems did older cultures (and as Posner tries to say without being pejorative, “primitive cultures”) develop for contracts?
Did these cultures seek to enforce all promises or just certain ones? If certain promises, what kinds?
Oh Boy!
While reading this article, I just considered myself present in a primitive culture to absorb some of the articles correctly.
In a Theory of Primitive Society, with Special Reference to Law, Richard A. Posner discussed primitive culture in detail. Posner discussed the way they were dealing with each other, about contracts, and what sort of remedy (or enforcement) were present to enforce promises. Also, they had believed that natural death was due to witchcraft done by an enemy.
Primitive (African, North American Indian, Polynesian, and many others) and archaic societies had no system of writing, keeping records, and …show more content…
The most important forms of sharing in this culture were gift-giving, exchanges within the household or kin group. The primitive culture had a limited law that govern trade with strangers. Some features of primitive contract law were:
No enforcement of Executory contract (what it means was that any contract I which neither party has begun to perform when the breach was occurring)
Damages were not awarded for the expectation of profit if there was any violation of contract: the remedy was only restitution (restoration of the previous position)
Half completed promise (a breach of contract) was treated as theft from the pledge.
The seller was liable for any defect in the product sold (caveat venditor)
As mentioned earlier, primitive culture lived within a kinsman group, so any dispute in a marriage does not bear on raising children. Because it was a moral responsibility and obligation (collective responsibilities) of other kinsman members to take over the care of children whose parents were not living together (Posner
Did these cultures seek to enforce all promises or just certain ones? If certain promises, what kinds?
Oh Boy!
While reading this article, I just considered myself present in a primitive culture to absorb some of the articles correctly.
In a Theory of Primitive Society, with Special Reference to Law, Richard A. Posner discussed primitive culture in detail. Posner discussed the way they were dealing with each other, about contracts, and what sort of remedy (or enforcement) were present to enforce promises. Also, they had believed that natural death was due to witchcraft done by an enemy.
Primitive (African, North American Indian, Polynesian, and many others) and archaic societies had no system of writing, keeping records, and …show more content…
The most important forms of sharing in this culture were gift-giving, exchanges within the household or kin group. The primitive culture had a limited law that govern trade with strangers. Some features of primitive contract law were:
No enforcement of Executory contract (what it means was that any contract I which neither party has begun to perform when the breach was occurring)
Damages were not awarded for the expectation of profit if there was any violation of contract: the remedy was only restitution (restoration of the previous position)
Half completed promise (a breach of contract) was treated as theft from the pledge.
The seller was liable for any defect in the product sold (caveat venditor)
As mentioned earlier, primitive culture lived within a kinsman group, so any dispute in a marriage does not bear on raising children. Because it was a moral responsibility and obligation (collective responsibilities) of other kinsman members to take over the care of children whose parents were not living together (Posner