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Foundational Principles of Contract Law$
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Melvin A. Eisenberg

Print publication date: 2018

Print ISBN-13: 9780199731404

Published to Oxford Scholarship Online: October 2018

DOI: 10.1093/oso/9780199731404.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2021

Expression Rules

Expression Rules

(p.407) Thirty Expression Rules
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

Many types of expressions that are employed in a contractual context are addressed by one party to another, rather than jointly agreed upon. Such expressions are most notably found in the offer-and-acceptance area. Examples include offers, counteroffers, acceptances, rejections, and revocations. Often the meaning of such an expression is determined under a special rule of interpretation that is applicable to a given type of expression, rather than under the general principles of interpretation. In this book such rules are referred to as expression rules. The use of expression rules is in need of justification. If the general principles of interpretation are unsound they should be revised. If those principles are sound, however, then they reflect a considered judgment concerning the manner in which to best interpret contractual expressions, and an expression rule that displaces those principles needs a strong justification.

Keywords:   expression rules, offer, counteroffer, rejection, acceptance, revocation

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