Contract as promise: a theory of contractual obligation

Front Cover
Harvard University Press, May 11, 1981 - Business & Economics - 162 pages
1 Review
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.

From inside the book

What people are saying - Write a review

Review: Contract as Promise

User Review  - Alan - Goodreads

Took me away from "battle of the forms" to something that seemed more fundamental. Read full review

Contents

4
28
6
74
7
89
Copyright

1 other sections not shown

Common terms and phrases

References to this book

All Book Search results »

About the author (1981)

Charles Fried, the Beneficial Professor Law at the Harvard Law School, has taught and written about legal philosophy and constitutional law for over forty years. He served as solicitor general of the United States in the Reagan administration and as a judge on the highest court of the Commonwealth of Massachusetts.

Bibliographic information