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	Social Contract Theory [Internet Encyclopedia of Philosophy]
		Social Contract Theory, nearly as old as philosophy itself, is the view that persons' moral and/or political obligations are dependent upon a contract or agreement between them to form society.
		In particular, feminists and race-conscious philosophers have argued that social contract theory is at least an incomplete picture of our moral and political lives, and may in fact camouflage some of the ways in which the contract is itself parasitical upon the subjugations of classes of persons.
		Given the pervasive influence of contract theory on social, political, and moral philosophy, then, it is not surprising that feminists should have a great deal to say about whether contract theory is adequate or appropriate from the point of view of taking women seriously.
	www.iep.utm.edu /s/soc-cont.htm (9316 words)

	Contract Guides
		Classical contract theory is the set of ideas and assumptions that underpinned the development of contract law in England and the United States during the 19th century.
		Classical contract theory was organised around the will theory of contract, which held that a contract represents an expression of the will of the contracting parties, and for that reason should be respected and enforced by the courts.
		A contract could arise on the basis of an objective interpretation of the parties agreement, even if that was inconsistent with the true will of one of the parties.
	www.econtractservices.com (493 words)

	Social Contract Theory [Internet Encyclopedia of Philosophy]
		Social Contract Theory, nearly as old as philosophy itself, is the view that persons' moral and/or political obligations are dependent upon a contract or agreement between them to form society.
		In particular, feminists and race-conscious philosophers have argued that social contract theory is at least an incomplete picture of our moral and political lives, and may in fact camouflage some of the ways in which the contract is itself parasitical upon the subjugations of classes of persons.
		Given the pervasive influence of contract theory on social, political, and moral philosophy, then, it is not surprising that feminists should have a great deal to say about whether contract theory is adequate or appropriate from the point of view of taking women seriously.
	www.utm.edu /research/iep/s/soc-cont.htm (9316 words)

	NationMaster - Encyclopedia: Consideration
		Service contracts, and other contracts not governed by the Uniform Commercial Code, generally require consideration for a contract modification to be binding on the parties, because of the preexisting duty rule.
		The first is the "benefit-detriment theory", in which a contract must be either to the benefit of the promisor or to the detriment of the promisee to constitute consideration.
		These theories usually overlap; in standard contracts, such as a contract to buy a car, there will be both an objective benefit and detriment (the buyer experiences a benefit by acquiring the car; the seller experienced a detriment by losing a car) and the subjective experience of entering into a bargain.
	www.nationmaster.com /encyclopedia/Consideration (1654 words)

	Contract theory
		Contract theory is the body of legal thought that investigates normative and conceptual problems in contract law.
		Contract theory also utilizes the notion of a complete contract, which is thought of as a contract that specifies the legal consequences of every possible state of the world.
		In economics, the theory of contracts is part of information economics and descibes how economic actors use particular contractual arrangements to deal with information asymmetries.
	www.xasa.com /wiki/en/wikipedia/c/co/contract_theory.html (380 words)

	[No title]
		Process-based theories shift the focus of the inquiry from the contract parties and from the substance of the parties' agreement to the manner in which the parties reached their agreement.
		And theories based on principles of will, reliance, or efficiency have as hard a time as process-based theories explaining why certain agreements are unenforceable due to so-called "public policy" exceptions to their respective norms of contractual obligation.
		The significant administrative advantages of process-based theories suggest that the best approach to contractual obligation is one that preserves a procedural aspect of contract law, while recognizing that such procedures are dependent for their ultimate justification on more fundamental, substantive principles of right that occasionally affect procedural analysis in two ways.
	www.randybarnett.com /aconsent.htm (8831 words)

	Contractarianism (Stanford Encyclopedia of Philosophy)
		In contemporary normative contractarian theories, that is, theories that attempt to ground the legitimacy of government or theories that claim to derive a moral ought, the initial position represents the starting point for a fair, impartial agreement.
		Hypothetical contract contractarians such as Gauthier counter that the point of the contract device is not to directly bind the contractors, but rather to provide a kind of thought experiment by which to discover the requirements of practical rationality.
		The social contract then can be seen as a justification by the parties to the contract of their interaction, and of their exploitation of those who are not parties to the contract, but only if the fundamental division of in-group and out-group is accepted.
	plato.stanford.edu /entries/contractarianism (3792 words)

	Contract theory - Definition, explanation
		Contract theory is the body of legal thought that investigates normative and conceptual problems in contract law.
		Contract theory also utilizes the notion of a complete contract, which is thought of as a contract that specifies the legal consequences of every possible state of the world.
		In economics, the theory of contracts is part of information economics and descibes how economic actors use particular contractual arrangements to deal with information asymmetries.
	www.calsky.com /lexikon/en/txt/c/co/contract_theory.php (579 words)

	[No title]
		Furthermore, while a contracting party is equally liable on the contract whether he acts personally or through an agent, in tort a principal is liable for the acts of his agent only if he is guilty of negligent selection or supervision.
		Although exclusive dealing contracts in France are not included in the list of prohibited practices, administrative rulings have applied the spirit of the law to these arrangements to make sure that the duty to deal cannot be easily avoided by pleading exclusive dealing contracts which exhaust the supply.
		Cases denying the existence of a contract or recovery typically stress either that both parties acted in good faith or that the losing party was lacking in good faith or was guilty of negligent use of language.
	tldb.uni-koeln.de /php/pub_show_document.php?pubdocid=125100 (12759 words)

	Business Law Today: From concept to contract A primer on intellectual property
		The express contract theory aids the idea person, who may not have a way to launch the idea into practice, by giving him or her the means to communicate the idea to someone who can mature and market it.
		The final contract theory that may fulfill the legal relationship requirement of an idea misappropriation claim is the quasi contract theory.
		The confidential relationship theory is one that is used by courts not only in traditional confidential relationship situations, but the theory is often established on one of the contract theories of protection.
	www.abanet.org /buslaw/blt/blt7-siatis.html (3892 words)

	Racial Contract
		For Charles Mills, the "Racial Contract" is a set of meta-agreements between whites to categorize non-whites as subpersons of inferior moral and legal status relative to whites.
		Mill's argues that, while the Social Contract assumed the relative equality of individuals in a state of nature, and was designed to protect property rights, the Racial Contract assumed that non-whites were unequal to whites in a state of nature, and their exploitation was morally justified by theology, philosophy, and science.
		On the social contract theory interpretation of the establishment of the political polity, all men are assumed free and (relatively) equal in a state of nature, and they enter into a contract with one another to establish government that will secure each of them in their property.
	www.smith.edu /philosophy/racial_contract.html (1943 words)

	Legal Theory Blog
		Legal Theory Blog comments and reports on recent scholarship in jurisprudence, law and philosophy, law and economic theory, and theoretical work in substantive areas, such as constitutional law, cyberlaw, procedure, criminal law, intellectual property, torts, contracts, etc.
		And because no one ever reads those terms of use, those multiple contracts are likely to have a variety of different terms that create obligations inconsistent with each other and with the company's own terms of use.
		When each side to a contract used such a form, courts had to confront the question of whose form controlled.
	lsolum.blogspot.com (3635 words)

	Contract Theory product price (Site not responding. Last check: )
		Despite the vast research literature on topics relating to contract theory, only a few of the field's core ideas are covered in microeconomics textbooks.
		Subsequent sections treat multilateral contracting with private information or hidden actions, covering auction theory, bilateral trade under private information, and the theory of the internal organization of firms; long-term contracts with private information or hidden actions; and incomplete contracts, the theory of ownership and control, and contracting with externalities.
		What distinguishes this book from others is its comprehence coverage of modern contract theory: unlike the others, it allocates sizable portions on multilateral/multiagent/dynamic/incomplete frameworks, which until now only had to be learned by reading journal articles.
	www.wi-fitechnology.com /Contract-Theory-price-0262025760.html (886 words)

	Social Contract - dKosopedia
		Early social contract theory is noted for its attachment to natural law, legal theory premised on the belief that, whether divine or secular, there is a law that everyone ought to aspire to, including governments.
		Hume's objection to social contract theory is very simple: he doubts the contract itself.
		I could choose not to follow the contract, but, to paraphrase Hume, it is the alternative of being locked in a ship, or swimming in the middle of the ocean — it is a false choice.
	www.dkosopedia.com /wiki/Social_Contract (1287 words)

	Volume 13 (Site not responding. Last check: )
		In this paper Kant's theory of contract law is examined and contrasted with Charles Fried's ‘promise-based' and Dori Kimel's ‘promise-independent' approach to contract law.
		Contract is a method of creating an obligation of the promisor towards the promisee which the former would not have but for the contract.
		Fried's suggestion that the binding force of contract is derived from the binding moral force of a promise deviates from classical liberal theory as embodied in Kant's Metaphysics of Morals because it introduces purely ethical reasoning into the realm of the law.
	www.str2.jura.uni-erlangen.de /hruschka/JRE/vol13/a13-unberath.htm (322 words)

	Contract Theory What Makes A Firm
		Their theories of the firm emphasize the benefits of 'control' in situations where there are difficulties in writing or enforcing complete contracts.
		Hart and Grossman base their theory of the firm and of integration upon the attempt of parties to write a contract which allocates efficiently the residual rights of control between themselves.
		It may be extremely costly to write a contract which specifies unambiguously the payments and actions of all parties in every observable state of nature.
	www.cepr.org /pubs/bulletin/dps/dp70.htm (700 words)

	Center for Financial Studies - WP 2006-11
		We analyze the degree of contract completeness with respect to staging of venture capital investments using a hand-collected German data set of contract data from 464 rounds into 290 entrepreneurial firms.
		We show that the decision for a specific form of staging is determined by the expected distribution of bargaining power between the contracting parties when new funding becomes necessary and the predictability of the development process.
		To be more precise, parties choose the more complete contracts the lower the entrepreneur’s expected bargaining power - the maximum level depending on the predictability of the development process.
	www.ifk-cfs.de /index.php?id=785&L=1&type=1 (134 words)

	Zimbabwejournalists.com: Zinasu reacts to monetary statement
		The theory of the social contract is the justification for the formation of the state and it is subsequently the basis for democracy.
		A contract is invalid and unlawful unless all parties agree to it voluntarily, that is, no one has been pressured under the threat of physical force to enter into it.
		In such a case there is no social contract to talk of when those whom Zimbabweans entrusted with the duty of safeguarding their rights are the chief culprits when it comes to infringing the same rights they undertook to protect.
	www.zimbabwejournalists.com /story.php?art_id=1734&cat=4 (2744 words)

	Contemporary Approaches to the Social Contract (Stanford Encyclopedia of Philosophy)
		Important issues associated with the social contract include the binding force of hypothetical agreements, the reduction (or not) of ethico-political to instrumental reasoning, and the compatibility of contract reasoning with fairness and liberty.
		Contemporary contract theorists tend to be constructivists in the sense that they recognize no independent and determinate external standard of legitimacy that the contractual device is intended to approximate, but, rather, make the truth-maker for "S is legitimate" that S was the object of an agreement (for stakeholders or their surrogates).
		Each version of contract theory must specify three features: (i) the chooser c, (ii) the situation of choice C, and (iii) the alternatives A from which a choice is made.
	plato.stanford.edu /entries/contractarianism-contemporary (2061 words)

	In Theory
		Rawls revived a version of social contract theory that has shaped the way political philosophy is practiced in the United States, and to a lesser extent in Britain and other European countries.
		The vision expressed in contract theory is of a society in which the murky compromises of politics are replaced by the rule of law, and people with widely different beliefs and values can live together under a regime of justice that all can accept.
		She aims to widen the reach of Rawlsian theory by addressing questions it has thus far largely neglected, such as the role of distributive justice in international relations, the claims of disabled people and the moral status of nonhuman animals.
	www.thenation.com /doc/20060605/gray (1140 words)

	SSRN-The Hold-Up Problem and Incomplete Contracts: A Survey of Recent Topics in Contract Theory by Patrick Schmitz
		Contract theory is one of the most active fields of research in contemporary microeconomics.
		In the meantime, the incomplete contract paradigm has been fruitfully applied to many relevant economic topics which are no longer restricted to the theory of the firm.
		Such concerns have lead some researchers to a renewed interest in the more traditional theory of complete contracts, which is closely related to the theory of implementation or mechanism design.
	www.ssrn.com /abstract=264969 (399 words)

	SSRN-Contract Theory and the Limits of Contract Law by Alan Schwartz, Robert Scott
		The high level of generality on which much contract law is written (e.g., a party must behave "reasonably") creates unacceptable moral hazard for parties subject to it.
		Second, the default theory of interpretation in a contract law for firms would require courts to base interpretations primarily on the written texts of agreements.
		To summarize, a modern law merchant would be much smaller than current contract law; would truncate broad judicial searches for parties' true intentions when interpreting their agreements; and would accord parties much more freedom to write efficient contracts than now exists.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=397000 (476 words)

	[No title]
		By framing social contract theory in terms of a hypothetical agreement, Rawls avoids the problems of how a social contract can bind future generations, and he makes social contract theory consistent with aspirations for changing basic social institutions.
		Rawls’s version of the social contract differs from the traditional theory in that Rawls does not believe that there was ever an actual agreement made in a state of nature.
		In contrast, if one believes that the social contract does not describe an actual agreement, but rather what people would agree to if they made a fair bargain, then one can argue that current social institutions fall short of the hypothetical ideal and therefore should be changed.
	www.law.indiana.edu /instruction/scanlan/3111/papers/13B_LP.doc (492 words)

	20th WCP: The Social Contract Tradition
		But the social contract tradition poses challenges that must be accepted on various counts, with new insights and interpretations, given the fluxed reality in contemporary socio-political universe that at once impels extreme nationalism and unavoidable globalism.
		The social contract, once formed, engenders minor inconvenience for those who may not realize that it is in their interest to be obedient to its authority.
		Another, similar but not the same, criticism has been the argument that the "social contract" indicated in the contractarian theory is simply a hypothetical one, designed as an analogical apologia to justify the legitimacy of democratic principles and practice on which Western societies have sought to found governmental systems and nothing more.
	web.bu.edu /wcp/Papers/Soci/SociBewa.htm (4841 words)

	Why Be Moral? Social Contract Theory Versus Kantian-Christian Morality
		According to social contract theories of morality, right and wrong are nothing more than the agreement among rationally self-interested individuals to give up the unhindered pursuit of their own desires for the security of living in peace.
		According to social contract theories of morality, right and wrong are nothing more than the agreement among rationally self-interested individuals to give up the unhindered pursuit of their own desires and interests for the security of living in peace with one another.
		Social contract theories, therefore, have a serious motivational problem: The social contract is insufficient to motivate rationally self-interested people to be moral.
	www.acton.org /publicat/m_and_m/2003_spring/clark.html (6651 words)

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