Contract as Promise

Zusatztext Charles Fried attempts to restate and defend a liberal theory of contract . . . In setting out to defend what is! albeit in modified form! the classical theory of contract! Professor Fried is conscious that he is confronting a considerable weight of modern contract scholarship . . . This Fried confronts or finesses with elegance; grace! and skill." Harvard Law Review Informationen zum Autor 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. Klappentext 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. Zusammenfassung 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.

Autorentext

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.

Klappentext

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.

Inhalt

• 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