Private Law Theory

Abstract:
In The Puzzle of the Beneficiary’s Bargain, Nicolas Cornell describes a jurisprudential puzzle concerning contract law’s treatment of third-party beneficiaries and contends that, to resolve the puzzle, we must radically revise our understanding of contractual obligation. This Response raises some difficulties for the revised understanding of contractual obligation that Cornell proposes. It then suggests an alternative way of resolving Cornell’s puzzle – one that leaves our ordinary understanding of contractual obligation intact.

Nicholas W Sage, Third-Party Beneficiaries and the Nature of Contract. Tulane Law Review, Vol 90 (January 2016).

First posted 2016-01-18 07:20:37