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.
It moves from trust to promise to the nuts and bolts of contract law. The author shows that contract law has an underlying unifying moral and practical structure. This second edition retains the original text, and includes a new Preface.
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.
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.
Essays addressing a variety of issues in the theory and practice of contract law.
Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective.
"This book discusses developments in scholarship dedicated to reinvigorating the study of the broad domain of private law.
[E]ven with eBay's heroic effort to simplify, would most people understand a term stating that “when you give us content, ... People want to surf the internet without even having to click “I agree” every time they enter a new site, ...
This is the second completed project of The Common Core of European Private Law launched at the University of Trento.
This book is a history of American contract law around the turn of the twentieth century.
In Liberalizing Contracts Anat Rosenberg examines nineteenth-century liberal thought in England, as developed through, and as it developed, the concept of contract, understood as the formal legal category of binding agreement, and the ...