Abstract/Details

A study of the philosophical, historical, statutory, and procedural development of contract law


2005 2005

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Abstract (summary)

The purpose of this research was to study the philosophical, historical, statutory, and procedural legacy of contract law, then, based on this study, create a method of analysis that can be used to insure that the standards of natural law are observed in all contractual relationships in the Catholic schools in the Diocese of Lincoln. The intellect by its nature has the capacity to know, in a finite way, eternal law and to construct precepts that direct human actions toward the “good” known in the eternal law. Participation in the eternal law, to the degree that humans are capable, is referred to as natural law. Natural law enables humans to know the prime mandate of the eternal law. From this understanding of natural law, an analysis was constructed that gave the researcher a means to determine the objective elements of natural law: truth, goodness, and unity. This analysis was applied to contractual instruments used within the diocese. Some diocesan contractual instruments contained essential natural law elements and others did not. In the procedural legacy phase of this study, it was found from a review of case law that American courts apply contract law principles in disputes that arise over private school teachers' contracts and seem to view private school student handbooks as contractual instruments, especially if appropriate contract language is included.

Indexing (details)


Subject
School administration;
Educational theory;
Religious education
Classification
0514: School administration
0998: Educational theory
0527: Religious education
Identifier / keyword
Education; Catholic schools; Contract law; Natural law; Nebraska
Title
A study of the philosophical, historical, statutory, and procedural development of contract law
Author
Stoley, Lawrence J.
Number of pages
180
Publication year
2005
Degree date
2005
School code
0138
Source
DAI-A 66/03, Dissertation Abstracts International
Place of publication
Ann Arbor
Country of publication
United States
ISBN
9780542031847, 0542031841
Advisor
Uerling, Donald F.
University/institution
The University of Nebraska - Lincoln
University location
United States -- Nebraska
Degree
Ph.D.
Source type
Dissertations & Theses
Language
English
Document type
Dissertation/Thesis
Dissertation/thesis number
3167465
ProQuest document ID
305426276
Copyright
Database copyright ProQuest LLC; ProQuest does not claim copyright in the individual underlying works.
Document URL
http://search.proquest.com/docview/305426276
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