Contract Law and Distributive Justice

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SOLTAN AHMADI JALAL

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Journal: CIVIL LAW KNOWLEDGE Year:2020 | Volume:8 | Issue:2 (16) Page(s): 77-90

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Information Journal Paper

Title

Contract Law and Distributive Justice

Author(s)

SOLTAN AHMADI JALAL | Issue Writer Certificate

Keywords

ContractQ2

VoluntaryQ2

Distributive justiceQ1

Commutative justiceQ2

Abstract

Contract law is one substantial pillar of Distribution. Contract parties understand themselves to be engaged in a strictly bilateral exchange to which the parties jointly and exclusively control the terms. Upon breach of the Contract, the suit is based upon a conception of Commutative justice. Distributive justice is concerned with the fair allocation of resources among community members. Liberals who oppose the use of Contract law as a redistributive device believe that distributional objectives are always better achieved through the tax system than through the detailed regulation of individual transactions. Contracts involve just two people and Distributive justice involves many. The claims of Distributive justice might require that we enlist Contract as a tools to pursue more equitable distributions. A related claim would be that we should interpret interpersonal entitlements in such a way that they do not exacerbate distributive Injustice. Another focus is on the effects of Contract on distribution rather than the effect of distribution on the independent morality of Contract. Contingent accounts treat on social context and background inVoluntary duties. The value of promise and the efficacy of Contract depend on the kind of relation from which it arises and their social starting points. There is no categorical reason for barring distributive considerations from the Contract regulation. Most of the rules that make up Contract law are defaults; which could be choose according to distributional considerations, the list that illustrate the distributive nature of Contract rules is countless, and spills over into mutual assent, interpretation, breach…

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APA: Copy

SOLTAN AHMADI, JALAL. (2020). Contract Law and Distributive Justice. CIVIL LAW KNOWLEDGE, 8(2 (16) ), 77-90. SID. https://sid.ir/paper/245936/en

Vancouver: Copy

SOLTAN AHMADI JALAL. Contract Law and Distributive Justice. CIVIL LAW KNOWLEDGE[Internet]. 2020;8(2 (16) ):77-90. Available from: https://sid.ir/paper/245936/en

IEEE: Copy

JALAL SOLTAN AHMADI, “Contract Law and Distributive Justice,” CIVIL LAW KNOWLEDGE, vol. 8, no. 2 (16) , pp. 77–90, 2020, [Online]. Available: https://sid.ir/paper/245936/en

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