contract as promise theory of contractual obligation

Download Book Contract As Promise Theory Of Contractual Obligation in PDF format. You can Read Online Contract As Promise Theory Of Contractual Obligation here in PDF, EPUB, Mobi or Docx formats.

Contract As Promise

Author : Charles Fried
ISBN : 9780190240172
Genre : Law
File Size : 57. 12 MB
Format : PDF
Download : 986
Read : 903

Get This Book


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.

From Promise To Contract

Author : Dori Kimel
ISBN : 9781841132129
Genre : Law
File Size : 24. 13 MB
Format : PDF, ePub, Docs
Download : 307
Read : 461

Get This Book


Liberal theory of contract is traditionally associated with the view according to which contract law can be explained simply as a mechanism for the enforcement of promises. The book bucks this trend by offering a theory of contract law based on a careful philosophical investigation of not only the similarities,but also the much-overlooked differences between contract and promise. Drawing on an analysis of a range of issues pertaining to the moral underpinnings of promissory and contractual obligations, the relationships in the context of which they typically feature, and the nature of the legal and moral institutions that support them, the book argues for the abandonment of the over-simplified notion that the law can systematically replicate existing moral or social institutions or simply enforce the rights or the obligations to which they give rise, without altering these institutions in the process and while leaving their intrinsic qualities intact. In its place the book offers an intriguing thesis concerning not only the relationship between contract and promise, but also the distinct functions and values that underlie contract law and explain contractual obligation. In turn, this thesis is shown to have an important bearing on theoretical and practical issues such as the choice of remedy for breach of contract, and broader concerns of political morality such as the appropriate scope of the freedom of contract and the role of the state in shaping and regulating contractual activity. The book's arguments on such issues, while rooted in distinctly liberal principles of political morality, often produce very different conclusions to those traditionally associated with liberal theory of contract, thus lending it a new lease of life in the face of its traditional as well as contemporary critiques.

Philosophical Foundations Of Contract Law

Author : Gregory Klass
ISBN : 9780191022081
Genre : Law
File Size : 51. 53 MB
Format : PDF, Docs
Download : 544
Read : 342

Get This Book


In recent years there has been a revival of interest in the philosophical study of contract law. In 1981 Charles Fried claimed that contract law is based on the philosophy of promise and this has generated what is today known as 'the contract and promise debate'. 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. Divided into two parts, the first explores general themes in the contract theory literature, including the philosophy of promising, the nature of contractual obligation, economic accounts of contract law, and the relationship between contract law and moral values such as personal autonomy and distributive justice. The second part uses these philosophical ideas to make progress in doctrinal debates, relating for example to contract interpretation, unfair terms, good faith, vitiating factors, and remedies. Together, the essays provide a picture of the current state of research in this revitalized area of law, and pave the way for future study and debate.

A Theory Of Contract Law

Author : Peter A. Alces
ISBN : 9780195371604
Genre : Law
File Size : 69. 90 MB
Format : PDF, ePub, Mobi
Download : 120
Read : 1257

Get This Book


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.

Vitiation Of Contracts

Author : Gareth Spark
ISBN : 9781139620451
Genre : Law
File Size : 78. 28 MB
Format : PDF
Download : 436
Read : 374

Get This Book


Vitiation of Contracts proposes a new theory to explain the rationale of general vitiating factors in English contract law. It provides a clear link to voluntariness as the foundation of contractual liability and compares the English position, in light of this theory, with the Principles of International Commercial Contracts (PICC), the Principles of European Contract Law (PECL), the Draft Common Frame of Reference (DCFR) and the US Restatement (Second) of Contracts.

The Richness Of Contract Law

Author : R.A. Hillman
ISBN : 9789401156806
Genre : Law
File Size : 33. 2 MB
Format : PDF, Kindle
Download : 997
Read : 617

Get This Book


Scholars have produced a wide variety of theoretical work on contract law. This is the first book to compile it, to present it coherently, to evaluate it, and to supply numerous references to additional sources. The author also offers his own practical perspective that emphasizes contract law's richness and complexity and questions the utility of abstract unitary theories. The author argues that, notwithstanding contract law's complexity, it successfully facilitates the formation and enforcement of private arrangements and ensures a degree of fairness in the process of exchange. Each chapter presents a pair of largely contrasting theories to clarify the central issue of contract law and theory, to set forth the range of views, and to help identify a practical middle ground. Among the contract theories discussed and analyzed are promise, contextual, feminist, formal, mainstream, critical, economic, empirical, and relational. The book should interest legal theorists, practising lawyers, law students, and general readers who want to learn more about contract law and theory.

Contract As Assumption

Author : Brian Coote
ISBN : 9781847315786
Genre : Law
File Size : 63. 70 MB
Format : PDF, ePub, Docs
Download : 875
Read : 722

Get This Book


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.

Reasonableness And Responsibility A Theory Of Contract Law

Author : Martín Hevia
ISBN : 9789400746046
Genre : Law
File Size : 36. 79 MB
Format : PDF, Docs
Download : 552
Read : 1094

Get This Book


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.

Bibliography Of Law And Economics

Author : B. Bouckaert
ISBN : 9789401708937
Genre : Law
File Size : 42. 34 MB
Format : PDF, Kindle
Download : 977
Read : 1017

Get This Book


Law and economics can be considered as the most exciting development in legal scholarship in recent decades. This volume is the first all-encompassing bibliography in this area. It lists approximately 7000 publications, covering the whole area of law and economics, including `old' law and economics (topics such as antitrust law, labor law, tax law, social security, economic regulation, etc.) as well as `new' law and economics with such topics as tort law, contract law, family law, procedure, criminal law, etc.). The volume also includes the literature on the philosophical foundations and the fundamental concepts of the approach. Part Two gives a special survey of law and economics publications in Europe, written in other languages than English. The Bibliography of Law and Economics is an invaluable reference work for students, scholars, lawyers, economists and other people interested in this field.

Cato Supreme Court Review 2007 2008

Author : Ilya Shapiro
ISBN : 9781935308102
Genre : Law
File Size : 71. 87 MB
Format : PDF, Kindle
Download : 780
Read : 1059

Get This Book


Published every September in celebration of Constitution Day, the Cato Supreme Court Review brings together leading legal scholars to analyze the most important cases of the Court's most recent term. It is the first scholarly review to appear after the term's end and the only on to critique the court from a Madisonian perspective.

Top Download:

Best Books