Full Description
Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law.
This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field.
Contents
Preface to the First Edition ; Preface to the Second Edition ; 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 ; Contract as Promise in the Light of Subsequent Scholarship-Especially Law and Economics ; Notes ; Index
