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This seminar (cross-listed with the philosophy department) will focus on recent contributions to the theoretical literature on contract law. Possible topics include the purpose or function of contract law, the relationship of contracts to promises, whether fault should play a larger (or smaller) role in contract law, remedial approaches to breach including a larger role for unjust enrichment, and contract law’s treatment of fraud and deception. Readings will be drawn from the legal literature and the philosophical literature.
Law students will be asked to attend regularly, to write short reaction papers, to participate, and to write a longer research paper (15-20 pages). Credit for the SAW will be available (and for the law and philosophy program writing requirement); students interested in satisfying either or both of those requirements will be asked to hand in a draft of their substantial paper and engage in a thorough revision. No philosophical background is required, but an active interest in theoretical questions and approaches is recommended.