Beauty and Ugliness in Offer and Acceptance

Abstract

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.

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: K12