Contract as Promise / Edition 1

Paperback (Print)
Buy Used
Buy Used from BN.com
$18.81
(Save 36%)
Item is in good condition but packaging may have signs of shelf wear/aging or torn packaging.
Condition: Used – Good details
Used and New from Other Sellers
Used and New from Other Sellers
from $1.99
Usually ships in 1-2 business days
(Save 93%)
Other sellers (Paperback)
  • All (22) from $1.99   
  • New (5) from $21.04   
  • Used (17) from $1.99   

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 as
Promise
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.

Read More Show Less

Editorial Reviews

Yale Law Review
[A] readable and provocative book on the philosophical foundations of contract law...Fried's argument makes a powerful case for the view that the law of contracts has a recognizable and distinctive intellectual integrity of its own...Students will find Fried's unifying hypothesis a helpful aid.
New York Law Journal
Fried calls into question some of the most deeply held assumptions of contract law [and] argues powerfully for a moral basis of contract...Fried's book offers a sensitive and subtle investigation, a richly suggestive vision of contract theory. The study and systematic critical discussion of such theory is of the first importance, for it is a question of nothing less than the relationship between law and morals.
Harvard Law Review
Charles Fried attempts to restate and defend a liberal theory of contract...In setting out to defend what is, albeit in modified form, the classical theory of contract, Professor Fried is conscious that he is confronting a considerable weight of modern contract scholarship...This Fried confronts or finesses with elegance, grace, and skill.
Richard Epstein
Charles Fried has written a very sensible, readable, and important book. To have someone argue for the importance of moral reasoning in contracts, or for that matter any common law subject, is refreshing. To have it done well is a real treat.
New York Law Journal
Fried calls into question some of the most deeply held assumptions of contract law [and] argues powerfully for a moral basis of contract...Fried's book offers a sensitive and subtle investigation, a richly suggestive vision of contract theory. The study and systematic critical discussion of such theory is of the first importance, for it is a question of nothing less than the relationship between law and morals.
Read More Show Less

Product Details

  • ISBN-13: 9780674169302
  • Publisher: Harvard University Press
  • Publication date: 4/28/1982
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 174
  • Product dimensions: 5.57 (w) x 8.28 (h) x 0.51 (d)

Meet the Author

Charles Fried is Beneficial Professor of Law, Harvard University.
Read More Show Less

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

Read More Show Less

Customer Reviews

Average Rating 5
( 1 )
Rating Distribution

5 Star

(1)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously
Sort by: Showing 1 Customer Reviews
  • Anonymous

    Posted May 2, 2010

    No text was provided for this review.

Sort by: Showing 1 Customer Reviews

If you find inappropriate content, please report it to Barnes & Noble
Why is this product inappropriate?
Comments (optional)