Principled Pluralism and Contract Remedies
34 Pages Posted: 1 Oct 2009
Date Written: June 1, 2009
Contemporary justifications for the expectation measure of contract damages come primarily from two meta-ethical schools: autonomy and utility. Autonomy and utility are incommensurable and thus far efforts to combine or order them have not proven successful. This article presents a unitary justification of autonomy and utility by appealing to a transcendent order. Given the modern pluralistic, secular legal order, I anticipate and address concerns about the legitimacy of my proposed justification.
Keywords: contracts, remedies, autonomy, utility
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