Contract As Promise

Author: Charles Fried
Publisher: Oxford University Press, USA
ISBN: 0190240164
Size: 31.19 MB
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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.

Contract As Promise

Author: Charles Fried
Publisher: Harvard Univ Pr
ISBN:
Size: 21.77 MB
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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.

From Promise To Contract

Author: Dori Kimel
Publisher: Hart Publishing
ISBN: 1841132128
Size: 78.59 MB
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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. This thesis is shown to provide not only a firm theoretical basis for explaining the normative underpinnings of contract, but also a promising starting point for dealing with practical issues such as the choice of remedy for breach of contract, and policy issues such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity.

Philosophical Foundations Of Contract Law

Author: Gregory Klass
Publisher: Oxford University Press, USA
ISBN: 0198713010
Size: 66.80 MB
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"The chapters that constitute this volume were first presented at the inaugural Bentham House conference at University College London in 2013"--Acknowledgments (page v).

Contracts

Author: James F. Hogg
Publisher: West Academic
ISBN:
Size: 73.75 MB
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This volume tracks statutory and Restatement references in HOGG, BISHOP & BARNHIZER, CONTRACTS: CASES AND THEORY ON CONTRACTUAL OBLIGATION (2007) and is suitable for any Contracts course. The text provides selected sections of the Restatement (Second) of Contracts and UCC Art. 1 & 2, as well as substantial selections from Revised UCC Art. 1 (2001) & Art. 2 (2003) and the Restatement (First) of Contracts. Additional materials include selections from the Uniform Electronic Transactions Act, Electronic Signatures in Global and National Communications Act, UNIDROIT (2004), Federal Arbitration Act, CISG, and the Peoples' Republic of China Contract Code (1999).

A Theory Of Contract Law

Author: Peter A. Alces
Publisher: Oxford University Press, USA
ISBN: 0195371607
Size: 64.40 MB
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In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. This title confronts the leading interpretive theories of contract and demonstrates their interpretive doctrinal failures.

The Choice Theory Of Contracts

Author: Hanoch Dagan
Publisher: Cambridge University Press
ISBN: 1107135982
Size: 50.13 MB
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The Choice Theory of Contracts is an engaging landmark that shows, for the first time, how freedom matters to contract.

Contract As Assumption

Author: Brian Coote
Publisher: Bloomsbury Publishing
ISBN: 184731578X
Size: 17.98 MB
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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.

Commercial Contract Law

Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107311209
Size: 22.66 MB
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This book focuses on the law of commercial contracts as constructed by the US and UK legal systems. Leading scholars from both sides of the Atlantic provide works of original scholarship focusing on current debates and trends from the two dominant common law systems. The chapters approach the subject areas from a variety of perspectives - doctrinal analysis, law and economic analysis, and social-legal studies, as well as other theoretical perspectives. The book covers the major themes that underlie the key debates relating to commercial contract law: role of consent; normative theories of contract law; contract design and good faith; implied terms and interpretation; policing contract behavior; misrepresentation, breach and remedies; and the regional and international harmonization of contract law. Contributors provide insights on the many commonalities, but more interestingly, on the key divergences of the United States and United Kingdom's approaches to numerous areas of contract law.

Reasonableness And Responsibility A Theory Of Contract Law

Author: Martín Hevia
Publisher: Springer Science & Business Media
ISBN: 9400746040
Size: 45.62 MB
Format: PDF
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If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction – that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.