Beauty and Ugliness in Offer and Acceptance

24 Pages Posted: 25 May 2014 Last revised: 26 Apr 2017

Date Written: May 23, 2014

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

Suggested Citation

Ching, Kenneth K., Beauty and Ugliness in Offer and Acceptance (May 23, 2014). 60 Wayne Law Review 469 (2014). Available at SSRN: https://ssrn.com/abstract=2441335 or http://dx.doi.org/10.2139/ssrn.2441335

Kenneth K. Ching (Contact Author)

affiliation not provided to SSRN

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