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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

The Duty to Rescue in Contract Law

The Duty to Rescue in Contract Law

(p.133) Nine The Duty to Rescue in Contract Law
Foundational Principles of Contract Law

Melvin A. Eisenberg

Oxford University Press

Chapter 9 concerns contexts in which two parties, A and B, have either entered into a contract or taken significant steps to form a contractual relationship, and B is at risk of incurring an unbargained-for loss that A could prevent by taking an action that would not require her to forgo a bargaining advantage, undertake a significant risk, or incur some other material cost. In the contexts described in this chapter A is under a moral and legal duty to take action—a duty referred to in this book as the duty to rescue in contract law. Among the contexts in which the duty is imposed are silence as acceptance, late acceptance, and performance.

Keywords:   duty to rescue, silence as acceptance, late acceptance, performance, contractual relationship

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