Contract as Promise

Author: Charles Fried
Publisher: Harvard University Press
ISBN: 9780674037311
Format: PDF, Kindle
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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.

Contract as Promise

Author: Charles Fried
Publisher: Oxford University Press
ISBN: 0190240172
Format: PDF
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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.

Philosophical Foundations of Contract Law

Author: Gregory Klass
Publisher: OUP Oxford
ISBN: 019102208X
Format: PDF, Kindle
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In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. Cutting to the heart of contemporary discussions, this volume brings together leading philosophers, legal theorists, and contract lawyers to debate the philosophical foundations of this area of law. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

From Promise to Contract

Author: Dori Kimel
Publisher: Hart Publishing
ISBN: 1841132128
Format: PDF
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Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.

The Choice Theory of Contracts

Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1107135982
Format: PDF
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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Right and Wrong

Author: Charles Fried
Publisher: Harvard University Press
ISBN: 9780674769052
Format: PDF, ePub
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Investigates a complex structure of morality, the demands such morality places on individuals, and the behavioral consequences of the system of right and wrong

Liberalism with Excellence

Author: Matthew H. Kramer
Publisher: Oxford University Press
ISBN: 0191083844
Format: PDF, Mobi
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During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls (and kindred philosophers such as Ronald Dworkin) have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers — often designated as 'perfectionists' — have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them. On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights.

The Theory of Contract Law

Author: Peter Benson
Publisher: Cambridge University Press
ISBN: 9780521640381
Format: PDF
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Although the law of contract is largely settled, there appears to be no widely-accepted comprehensive theory of its main principles and doctrines or of its normative basis. Contract law theory raises issues concerning the relation between law and morality, the role and the importance of rights, the connection between justice and economics, and the distinction between private and public law. This collection of six full-length essays, written by some of the most eminent scholars in the field, explores the general theory of contract law from a variety of theoretical perspectives. The volume addresses a wide range of issues, both methodological and substantive, in the theory and practice of contract law. While the essays build upon past theoretical contributions, they also attempt to take contract theory further and suggest promising ways to develop theory of contract law.

Contract Theory

Author: Stephen A. Smith
Publisher: OUP Oxford
ISBN: 0191018813
Format: PDF, ePub, Docs
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This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.

Contract as Assumption

Author: Brian Coote
Publisher: Bloomsbury Publishing
ISBN: 1847317499
Format: PDF, ePub, Docs
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It has many times been said that contracts involve assumptions of obligation or liability, but what that means, and what it is that is assumed, have not often been discussed. It is to further such discussion that some of the author's previously published writings around this subject have been brought together in this book. His basic premises are that contractual obligation and liability in this context are two sides to the same coin and that an assumption of one is an assumption of both. Parties are bound not because liability has been imposed upon them by law as a result of their having entered into a contract but because, in the act of assuming, they have imposed it upon themselves. Contract provides a facility the purpose of which is to enable this to be done within the limits prescribed by law. The implication of these premises are much more significant than might be supposed when applied to such areas of contract as formation, consideration, intention to contract, exception clauses, privity and damages. The book concludes with a treatment of the role of assumption in tort. Because of the importance of its subject matter and its wide-ranging treatment, this book should appeal not only to teachers and postgraduate students of contract but also to practitioners in the field and to anyone else with an interest in contract theory.