A Feminist Economic Perspective on Contract Law
A Feminist Economic Perspective on Contract Law

Author: Orit Gan

Publisher:

Published: 2020

Total Pages: 42

ISBN-13:

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Economic analysis of contract law is a highly influential theoretical approach to contract law. At the same time, feminist analysis of contract law offers an important critical approach to the field. However, feminist economics, a prominent alternative approach to mainstream neo-classical economics drawing from both economic theory and feminist theory, has only been applied scarcely and sporadically to contract law. This Article seeks to bridge this gap, and to apply the key features of feminist economics to an analysis of the doctrine of promissory estoppel. This Article uses promissory estoppel as an example with which to demonstrate a feminist economic analysis of contract law.

Feminist Perspectives on Contract Law
Feminist Perspectives on Contract Law

Author: Linda Mulcahy

Publisher: Routledge

Published: 2017-01-27

Total Pages: 193

ISBN-13: 1135337144

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The law of contract is ripe for feminist analysis. Despite increasing calls for the re-conceptualisation of neo-classical ways of thinking, feminist perspectives on contract tend to be marginalised in mainstream textbooks. This edited collection questions the assumptions made in such works and the ideologies that underpin them, drawing attention to the ways in which the law of contract has facilitated the virtual exclusion of women, the feminine and the private sphere from legal discourse. Contributors to this volume offer a range of ways of thinking about the subject and cover topics such as the feminine offeree, feminist perspectives on contracts in cyberspace, the forgotten world of women and contracts, restitution and feminist economic theory, the gendered power dynamics of undue influence, and the feminisation of dispute resolution.

Feminism Confronts Homo Economicus
Feminism Confronts Homo Economicus

Author: Martha Fineman

Publisher: Cornell University Press

Published: 2018-08-06

Total Pages: 535

ISBN-13: 150172407X

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"The essays in this volume confront the inroads that economics has made into the legal academy.... Law and Economics uses principles of neoclassical economics to develop laws and social policies that maintain if not bolster current allocations of power."—from the Introduction The Law and Economics school has had a significant impact on the legal and governmental landscape in the United States. It posits a perfectly rational "economic man"—homo economicus—who is unconstrained by familial and communal ties and who can and should make decisions solely in light of considerations of economic value. Feminism Confronts Homo Economicus offers a major intervention in debates about how law has come under the influence of economic principles. Drawing on the latest thinking in the fields of feminist legal theory, critical legal studies, and feminist economics, the essays critique the notion that legal and policy decisions should be made solely through the lens of economics. While the contributors question the wholesale incorporation of the neoclassical economic model into legal analysis, they do not all discard economic analysis and theory. Situated at the intersection of feminism, law, and economics, Feminism Confronts Homo Economicus will appeal to scholars and students of these disciplines as well as policy analysts and social theorists interested in family, education, labor, and welfare.

Framing Contract Law
Framing Contract Law

Author: Victor Goldberg

Publisher: Harvard University Press

Published: 2012-03-05

Total Pages: 424

ISBN-13: 0674063929

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The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).

Contract Law and Economics
Contract Law and Economics

Author: Gerrit de Geest

Publisher: Edward Elgar Publishing

Published: 2010-10

Total Pages: 497

ISBN-13: 1849806640

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This unique and timely book offers an up-to-date, clear and comprehensive review of the economic literature on contract law. The topical chapters written by leading international scholars include: precontractual liability, misrepresentation, duress, gratuitous promises, gifts, standard form contracts, interpretation, contract remedies, penalty clauses, impracticability and foreseeability. Option contracts, warranties, long-term contracts, marriage contracts, franchise contracts, quasi-contracts, behavioral approaches, and civil contract law are also discussed. This excellent resource on contract law and economics will be particularly suited to contract law scholars, law teachers, policy makers, and judges. For experts in and practitioners of contract law this will be a key book to buy.

The Limits of Freedom of Contract
The Limits of Freedom of Contract

Author: Michael J. Trebilcock

Publisher: Harvard University Press

Published: 1997-03-25

Total Pages: 326

ISBN-13: 0674979907

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Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?

Research Handbook on Feminist Jurisprudence
Research Handbook on Feminist Jurisprudence

Author: Robin West

Publisher: Edward Elgar Publishing

Published:

Total Pages: 544

ISBN-13: 1786439697

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The Research Handbook on Feminist Jurisprudence surveys feminist theoretical understandings of law, including liberal and radical feminism, as well as socialist, relational, intersectional, post-modern, and pro-sex and queer feminist legal theories.