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Vol 23 No 6 June/July 2018

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Cover of Drafting Commercial Agreements

Drafting Commercial Agreements

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Desmith out now
Data protection handbook

From Promise to Contract: Towards a Liberal Theory of Contract

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Dori KimelLecturer in Law, University College London

ISBN13: 9781841132129
ISBN: 1841132128
Published: March 2003
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00
Paperback edition , ISBN13 9781841134949

Despatched in 6 to 8 days.

It is typical for theories of contract law to either analyze their subject matter as a mechanism for the enforcement of promises, or to deny the very notion that contract law can be explained as grounded in any unique set of normative principles or sources of moral or legal liability. Liberal theory of contract is traditionally associated with the first of these approaches. This book bucks both these trends by offering a theory of contract law based on a careful philosophical analysis of not only the similarities, but also the much-overlooked differences between contract and promise. Through an examination of a variety of issues pertaining to the nature of promissory and contractual relations and the nature of the institutions that support them, the book presents an intriguing thesis concerning the relations between contract and promise and, consequently, concerning the distinct functions and values which underlie contract law and explain contractual obligation.

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1. On the Nature and Value of Promise
Fried’s Argument: Convention,Social Practice, Trust
Trust as a Condition
Why Promise?
Why Want a Promise?
What is Wrong with Breaking a Promise?
The Value of Promise
Promises between Strangers
2. Normativity, Trust and Threats
I. The Disjunctive View
II. Normativity and Threats in Personal Relations
3. The Nature and Value of Contractual Relations
I. Contracts and the Role of Trust
II. Contracts, Promises and Special Relations
4. Remedies
The Standard Remedy and the Theory of the Practice
Choosing a Performance Remedy: Why Not Specific Performance?
The Harm Principle and Remedies for Breach
The Freedom to Change One’s Mind
5. Freedom of Contract, Freedom from Contract
I. Freedom of Contract
II. Freedom from Contract