Peter Benson, Justice in Transactions: A Theory of Contract Law, Cambridge, MA: Harvard University Press, 2019, 610 + xiv pp, hb £68.95. The title, like everything else in the book’s six hundred pages, is not chosen lightly. Among other things it signals Benson’s focus on contract law’s relational structure. A contract is a relationship in which two (or more) persons participate. A theory of contract should consider the justice of that relationship. Throughout the book Benson keeps an eye on this seemingly simple point and draws out striking implications. The title also signals Benson’s vision of the kind of relationship a contract is: a transactional acquisition, or more simply, a transfer. Consider a transfer of property by physical conveyance … (more)
Nick Sage, ‘On Justice in Transactions’ Modern Law Review, https://doi.org/10.1111/1468-2230.12627. First published: 9 March 2021.
First posted 2021-03-09 14:10:08
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