Two theories of agreement

Legal Theory 13 (1):1-22 (2007)
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Abstract

Philosophers have been attracted by the theory that an agreement consists of undertakings by the parties. But the theory faces objections from three sides: unconditional undertakings by both parties are insufficient for an agreement; if the parties give interconditional undertakings, both comply if neither does anything; and, if one party gives an unconditional undertaking and the other a conditional one, a condition of interdependence is breached. The options are to live with the breach, to produce an undertaking-based theory that avoids the objections, or to analyse an agreement otherwise than in terms of undertakings. I consider each option and advocate the third: a better theory is that two people have an agreement where one makes an offer to the other that the other accepts.

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Oliver Black
King's College London

Citations of this work

Non-distributive blameworthiness.Thomas H. Smith - 2009 - Proceedings of the Aristotelian Society 109 (1pt1):31-60.

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References found in this work

Supervenience and Mind: Selected Philosophical Essays.Jaegwon Kim - 1993 - British Journal for the Philosophy of Science 47 (4):579-607.
Moral Reasons.Jonathan Dancy - 1993 - Philosophy 69 (267):114-116.
Introduction to Logical Theory.Arthur Smullyan - 1954 - Philosophical Review 63 (1):117.
Reliance and Obligation.Oliver Black - 2004 - Ratio Juris 17 (3):269-284.

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