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Could Breach of Contract be Immoral?

Seana Valentine Shiffrin

Michigan Law Review 107 (8):1551-1568 (2009)

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Justifying a morally permissible breach of contract: kantian ethics, nozickian justice, and vaccine patents.Luís Cordeiro-Rodrigues - 2023 - Medicine, Health Care and Philosophy 26 (4):573-581.details Although some have argued that COVID-19 vaccine patents are morally justified, a broader argument on the morality of breaching contracts is necessary. This article explores the ethics of breaching unfair contracts and argues that it is morally justified to breach contracts with pharmaceutical companies concerning vaccine patents. I offer two arguments to support this view. Firstly, contracts may be breachable in some situations. The ones I point out are that contracts can be broken when the costs of not violating vaccine (...) Download Export citation Bookmark
The Right to Justification of Contract.Martijn W. Hesselink - 2020 - Ratio Juris 33 (2):196-222.details This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of (...) Download Export citation Bookmark 1 citation
New Directions in Legal Scholarship: Implications for Business Ethics Research, Theory, and Practice.John Hasnas, Robert Prentice & Alan Strudler - 2010 - Business Ethics Quarterly 20 (3):503-531.details ABSTRACT:Legal scholars and business ethicists are interested in many of the same core issues regarding human and firm behavior. The vast amount of legal research being generated by nearly 10,000 law school and business law scholars will inevitably influence business ethics research. This paper describes some of the recent trends in legal scholarship and explores its implications for three significant aspects of business ethics research—methodology, theory, and policy. Download Export citation Bookmark 5 citations
The Strategic Foul and Contract Law: Efficient Breach in Sports?Miroslav Imbrisevic - 2018 - Fair Play 12:69-99.details The debate about the Strategic Foul has been rumbling on for several decades and it has predominantly been fought on moral grounds. The defenders claim that the rules of a game must be supplemented by the ‘ethos’ of the game, by its conventions or informal rules. Critics of the Strategic Foul argue that to break the rules deliberately, in order to gain an advantage, is morally wrong, spoils the game, or is a form of cheating. Rather than entering the moral (...) Download Export citation Bookmark 3 citations

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