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Pupillary Response as Assessment of Effective Seizure Induction by Electroconvulsive Therapy
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Published on: April 11, 2019

Election Defined.

Matthew Frey

    Oxford Journal of Legal Studies
    |June 30, 2026
    PubMed
    Summary
    This summary is machine-generated.

    This study redefines contract law's "election" as a choice between mutually exclusive powers. It introduces a "two power model" to explain why affirming a contract is binding.

    Keywords:
    commercial lawcommon lawcontract lawobligationprivate law

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    Area of Science:

    • Contract Law
    • Legal Theory

    Background:

    • The concept of "election" in contract law traditionally involves binding choices made outside of court.
    • Examples include decisions to rescind or affirm, and to terminate or affirm a contract.

    Purpose of the Study:

    • To propose a novel analysis of "election" in contract law.
    • To introduce a "two power model" for understanding these choices.
    • To explain the binding nature of affirmation within contract law.

    Main Methods:

    • Conceptual analysis of legal powers in contract law.
    • Development of a theoretical "two power model".

    Main Results:

    • "Election" is analyzed as a choice between mutually exclusive powers that negate each other.
    • One power (e.g., rescission) alters legal relations by destroying primary rights and the other power.
    • The alternative power (e.g., affirmation) extinguishes the first power without impacting existing primary rights.

    Conclusions:

    • The "two power model" provides a new framework for understanding contract law elections.
    • This model elucidates why the act of affirmation is legally binding.
    • The concept of "election" gains enhanced explanatory value through this analysis.