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.
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.
Charles Fried is the Beneficial Professor of Law at Harvard University Law School. He is a former Solicitor General of the United States and a former Justice of the Supreme Judicial Court of Massachusetts. He has published widely across private law and the intersections of law, morality and politics.
Inhaltsangabe
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
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
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