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Contract, Culture, Compulsion, or: What Is So Problematic in the Application of Objective Standards in Contract Law?
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Menachem Mautner
Published/Copyright:
October 11, 2002
This article examines the role culture plays in contract law. It demonstrates that even in contract law, the branch of law most committed to the ideal of individual autonomy, law’s reliance on culture makes compulsion by the law an unavoidable outcome. The concept of culture is applied to contract law in two principal ways. First, it attempts to explain the rise of objectivism in late nineteenth-century contract law as a manifestation of some central experiences prevalent in modern culture. Second, it analyzes the role played by culture within the context of some of the central doctrines of contract law, namely, the doctrines on the formation and interpretation of contracts.
Published Online: 2002-10-11
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
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Articles in the same Issue
- Article
- The Fault of Not Knowing
- Dimensions of Negligence in Criminal and Tort Law
- Negligence in the Air
- An Economic Rationale for the Legal Treatment of Omissions in Tort Law: The Principle of Salience
- Liability of Experts and the Boundary between Tort and Contract
- A Reexamination of 'Glanzer v. Shepard': Surveyors on the Tort-Contract Boundary
- Non-Consensual Liability of a Contractual Party: Contract, Negligence, Both, or In-Between?
- Contract, Culture, Compulsion, or: What Is So Problematic in the Application of Objective Standards in Contract Law?
