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Contract as Promise / Edition 1
     

Contract as Promise / Edition 1

5.0 1
by Charles Fried
 

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ISBN-10: 0674169301

ISBN-13: 9780674169302

Pub. Date: 04/28/1982

Publisher: Harvard

This book displays the underlying structure of a complex body of law and integrates that structure with moral principles.

Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other's trust. Contract law and the promise principle are contrasted to the socially

Overview

This book displays the underlying structure of a complex body of law and integrates that structure with moral principles.

Charles Fried grounds the basic legal institution of contract in the morality of promise, under which individuals incur obligations freely by invoking each other's trust. Contract law and the promise principle are contrasted to the socially imposed obligations of compensation, restitution, and sharing, which determine the other basic institutions of private law, and which come into control where the parties have not succeeded in invoking the promise principle--as in the case of mistake or impossibility. Professor Fried illustrates his argument with a wide range of concrete examples; and opposing views of contract law are discussed in detail, particularly in connection with the doctrines of good faith, duress, and unconscionability.

For law students and legal scholars, Contract asPromise offers a coherent survey of an important legal concept. For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory.

Product Details

ISBN-13:
9780674169302
Publisher:
Harvard
Publication date:
04/28/1982
Edition description:
Older Edition
Pages:
174
Product dimensions:
5.50(w) x 8.25(h) x (d)

Table of Contents

1. Introduction: The Life of Contract

2. Contract as Promise

Promise

The Moral Obligation of Promise

What a Promise is Worth

Remedies in and around the Promise

3. Consideration

4. Answering a Promise: Offer and Acceptance

Promises and Vows

Acceptance and the Law of Third-Party Beneficiaries

The Simple Circuitry of Offer and Acceptance

Rejections, Counteroffers, Contracts at a Distance, Crossed Offers

Reliance on an Offer

5. Gaps

Mistake, Frustration, and Impossibility

Letting the Loss Lie Where It Falls

Parallels with General Legal Theory: An Excursion

Filling the Gaps

6. Good Faith

"Honesty in Fact"

Good Faith in Performance

7. Duress and Unconscionability

Duress

Coercion and Rights

Property

Hard Bargains

Unconscionability, Economic Duress, and Social Justice

Bad Samaritans

8. The Importance of Being Right

You Can Always Get Your Money Back

Conditions

Waivers, Forfeitures, Repudiations

Notes

Index

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Contract as Promise: A Theory of Contractual Obligation 5 out of 5 based on 0 ratings. 1 reviews.
Anonymous More than 1 year ago