Beauty and Ugliness in Offer and Acceptance
Kenneth K. Ching
Regent University - School of Law
May 23, 2014
Wayne Law Review, Forthcoming
This essay applies classical aesthetics to the contract doctrine of offer and acceptance. It argues that contract law can be understood, analyzed, and improved using three criteria of beauty: proportion, integrity, and clarity. Based on these criteria, this essay (1) argues that the traditional doctrine of offer and acceptance is beautiful, (2) argues that UCC §2-207 is ugly and fails to improve upon offer and acceptance, and (3) suggests improvements for UCC §2-207.
Number of Pages in PDF File: 24
Keywords: Contracts, Aesthetics, Offer, Acceptance, 2-207, Battle of the Forms, Proportion, Integrity, Clarity, Beauty, Ugliness, Aquinas, Aristotle, Commutative Justice, Consent, Assent, Standard Form Contract, Boilerplate
JEL Classification: K12Accepted Paper Series
Date posted: May 25, 2014 ; Last revised: July 24, 2014
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