Jed Lewinsohn, ‘Paid on Both Sides: Quid Pro Quo Exchange and the Doctrine of Consideration’

I scratch your back, you scratch mine – how must these services relate in order to constitute a quid pro quo exchange? In the ordinary quid pro quo exchange, each party agrees to do their part in order to get the other party to do theirs; each conditions their own willingness to perform on the willingness of the other; and each regards the other as obligated to do their part in light of their agreement. But not all exchanges are ordinary, and a proper analysis is of considerable practical and theoretical significance. In the law alone, quid pro quo figures prominently in a wide range of contexts – civil as well as criminal, public as well as private – and lies at the core of a number of raging controversies concerning official corruption, insider trading, and other matters. This Article offers the first philosophical analysis of quid pro quo exchange in the Anglophone tradition …

Jed Lewinsohn, Paid on Both Sides: Quid Pro Quo Exchange and the Doctrine of Consideration, Yale Law Journal, volume 129 (2019-2020) no 3, January 2020.

and see:

Curtis Bridgeman, Twenty-First-Century Contract Law Is a Law of Agreements, Not Debts: A Response to Lewinsohn, Yale Law Journal Forum (31 January).

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