Contract as promise: a theory of contractual obligation
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.
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agreement allocation altruism argued argument Arthur assumed bargain basis benefit binding bound breach Brenda Builder buyer Cambridge chapter Charles Fried claim Colum compensation conception of contract condition contract as promise contract law contractual obligation convention Corbin court damages Death of Contract doctrine of consideration Driller Duncan Kennedy duress duty enforce exchange expectation fact fair faith force Freedom of Contract Grant Gilmore ground harm Harv intention intuitive invoke John Rawls judgment justice liberal Lon Fuller loss mailbox rule ment mistake moral Morton Horwitz option owner parties Patrick Atiyah performance person problem promise principle promisor promissory obligation promissory principle proposal reason redistribution regime relations release reliance requires responsibility Restatement 1st Restatement 2d restitution risk Robert Nozick Ronald Dworkin rule seller sharing situation social supra note theory of contract threat tion tort tract unconscionability unfair Williston wrong Yale L. J.