Legal Theory and Contract Law Review

Vocabulary flashcards covering contract formation, legal remedies, Paternalism theories, Rule of Law features, and judicial review concepts.

Offer

When a party proposes specific terms to another party and indicates willingness of accepting those terms.

Acceptance

When the other party agrees to the terms of the offer.

Consideration

Something of value exchanged between the parties, such as a benefit or a legal detriment.

Expectation Damages

The most common remedy intended to place the promisee in the position they would have occupied if the contract was performed.

Reliance Damages

Compensation for losses suffered because a promisee relied on the contract; used when expected profits are uncertain or difficult to calculate.

Specific Performance

A remedy requiring the breaching party to perform the obligated promise, used when the promised item is unique or irreplaceable.

Shiffrin's Conception of Paternalism

Justified paternalism that protects the conditions for meaningful autonomy and voluntary choice by preserving the state of making free, informed choices.

Ordinary Paternalism

A framework that focuses on outcomes, protecting welfare, and preventing harm, in contrast to Shiffrin's focus on autonomy and agency.

Welfare-based approach (Unconscionability)

A justification for the unconscionability doctrine based on protecting people from harmful agreements and poor outcomes.

Autonomy-based approach (Unconscionability)

A justification for the unconscionability doctrine based on the idea that certain contracts undermine meaningful consent and equal respect.

Generability

One of Waldron's five essential features of the rule of law, meaning laws apply generally.

Publicity

The requirement that laws must be publicly known and accessible.

Prospectivity

The principle that laws should guide future conduct rather than punish actions already taken.

Institutional Structure

The requirement for courts to be responsible for creating and applying laws.

Due Process

The requirement that people have access to procedures and hearings before legal decisions are imposed.

Formal Features (Rule of Law)

Features that allow citizens to understand and comply with the law, including being public, clear, stable, general, and consistent.

Procedural Features (Rule of Law)

Features ensuring fairness in law application, such as an independent judiciary, fair hearings, and the opportunity to present evidence.

Judicial review of legislation

When courts evaluate whether laws passed by the legislature comply with constitutional requirements; the primary target of Waldron's objections.

Judicial review of executive action

When courts evaluate whether government officials acted lawfully within their legal authority.

Waldron's Objection to Judicial Review

The argument that judicial review of legislation is hard to justify because judges are not demonstrably better at resolving rights disputes and it transfers power from elected representatives to unelected judges.