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Contract: A Critical Commentary

Pluto Press (UK) (1996)

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  1. Intimate Relationships, Relational Contract Theory, and the Reach of Contract.John Wightman - 2000 - Feminist Legal Studies 8 (1):93-131.
    This article explores the role of contract law inintimate relationships, focussing on tacit or onlypartially express agreements rather than expressprenuptial or cohabitation contracts. It welcomes theembrace of relational contract theory by feminist andgay and lesbian commentators, but argues that keydifferences between commercial and intimaterelationships need further analysis if the potentialof relational theory in cases of informal agreement isto be realised. The first difference is that,while commercial contracts can draw on the context ofa contracting community as a source of norms to (...)
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  • Cohabitation Contracts and the Democratization of Personal Relations.Elizabeth Kingdom - 2000 - Feminist Legal Studies 8 (1):5-27.
    Feminist opposition to the use of cohabitationcontracts for the private regulation of personalrelations has been predicated on the classical readingof contract as commerce. On this reading,cohabitation contracts construct cohabitants'obligations as commercial and typically detrimental towomen because of their weaker bargaining power. Butthe premisses of classical contract theory are beingundermined by radical critiques which emphasize theimportance of relationality in the reading ofcontract. On such critiques, the obligationsconstructed by cohabitation contracts need no longerexclude considerations of the parties' differentfinancial status and social circumstances. (...)
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