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Vol 21 No 11 Nov/Dec 2016

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This book is now Out of Print.
A new edition has been published, the details can be seen here:
Contract as Promise: A Theory of Contractual Obligation 2nd ed isbn 9780190240165

Contract as Promise: A Theory of Contractual Obligation

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ISBN13: 9780674169302
ISBN: 0674169301
New Edition ISBN: 9780190240165
Published: June 1981
Publisher: Harvard University Press
Country of Publication: USA
Format: Paperback
Price: Out of print



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 asPromise" 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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Subjects:
Contract Law
Contents:
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
Notes
Index