Contract as Promise: A Theory of Contractual Obligation by Charles Fried (Englis

Description: Contract as Promise by Charles Fried 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. FORMAT Paperback LANGUAGE English CONDITION Brand New Publisher Description 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 andis 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 forstudents 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 Economicswhich serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. Author Biography 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. Table of Contents Preface to the First EditionPreface to the Second Edition1Introduction: The Life of Contract2Contract as PromisePromiseThe Moral Obligation of PromiseWhat a Promise is WorthRemedies in and around the Promise3Consideration4Answering a Promise: Offer and AcceptancePromises and VowsAcceptance and the Law of Third-Party BeneficiariesThe Simple Circuitry of Offer and AcceptanceRejections, Counteroffers, Contracts at a Distance, Crossed OffersReliance on an Offer5GapsMistake, Frustration, and ImpossibilityLetting the Loss Lie Where It FallsParallels with General Legal Theory: An ExcursionFilling the Gaps6Good Faith"Honesty in Fact"Good Faith in Performance7Duress and UnconscionabilityDuressCoercion and RightsPropertyHard BargainsUnconscionability, Economic Duress, and Social JusticeBad Samaritans8The Importance of Being RightYou Can Always Get Your Money BackConditionsWaivers, Forfeitures, RepudiationsContract as Promise in the Light of Subsequent Scholarship-Especially Law and EconomicsNotesIndex Review "Contract as Promise is a landmark in legal thought. Now in its Second Edition, this classic text remains as engaging today as when first published; and a new postscript deftly connects the books enduring themes to subsequent developments in law and legal theory."Daniel Markovits, Guido Calabresi Professor of Law, Yale Law School"Contract as Promise is a classic in contracts and legal philosophy. In his unburdened, elegant style, Fried works through the implications of thinking of contract law as the legal expression of the moral principles of promissory obligation. Both introductory students and seasoned scholars will be very well-served by its reissue and Frieds thoughtful and stimulating re-situating of the work thirty years on."Seana Valentine Shiffrin, Professor of Philosophy, and Pete Kameron Professor of Law and Social Justice, UCLAA "readable and provocative book on the philosophical foundations of contract law . . . Frieds argument makes a powerful case for the view that the law of contracts has a recognizable and distinctive intellectual integrity of its own . . . Students will find Frieds unifying hypothesis a helpful aid."Yale Law Review"Fried calls into question some of the most deeply held assumptions of contract law [and] argues powerfully for a moral basis of contract. . . Frieds book offers a sensitive and subtle investigation, a richly suggestive vision of contract theory. The study and systematic critical discussion of such theory is of the first importance, for it is a question of nothing less than the relationship between law and morals."New York Law Journal"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"Contract as Promise has had nothing short of a transformative effect on the theory of contract. Frieds inimitably eloquent prose made tremendous philosophical depth as well as doctrinal insight uniquely accessible to a new generation of contract scholars, provided a canonical restatement of the liberal tradition in contract theory, and shaped the contours of the academic debate in its field for ideological friends and foes alike. The books enduringlegacy can hardly be exaggerated, and the timely publication of this Second Edition cements that legacy for many more years to come."Dori Kimel, Reader in Legal Philosophy, University of Oxford Promotional 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. Long Description 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 andis 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 forstudents 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 Economicswhich serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. Review Text "Contract as Promise is a landmark in legal thought. Now in its Second Edition, this classic text remains as engaging today as when first published; and a new postscript deftly connects the books enduring themes to subsequent developments in law and legal theory." Daniel Markovits, Guido Calabresi Professor of Law, Yale Law School"Contract as Promise is a classic in contracts and legal philosophy. In his unburdened, elegant style, Fried works through the implications of thinking of contract law as the legal expression of the moral principles of promissory obligation. Both introductory students and seasoned scholars will be very well-served by its reissue and Frieds thoughtful and stimulating re-situating of the work thirty years on." Seana Valentine Shiffrin, Professor of Philosophy, and Pete Kameron Professor of Law and Social Justice, UCLAA "readable and provocative book on the philosophical foundations of contract law . . . Frieds argument makes a powerful case for the view that the law of contracts has a recognizable and distinctive intellectual integrity of its own . . . Students will find Frieds unifying hypothesis a helpful aid." Yale Law Review"Fried calls into question some of the most deeply held assumptions of contract law [and] argues powerfully for a moral basis of contract. . . Frieds book offers a sensitive and subtle investigation, a richly suggestive vision of contract theory. The study and systematic critical discussion of such theory is of the first importance, for it is a question of nothing less than the relationship between law and morals." New York Law Journal"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"Contract as Promise has had nothing short of a transformative effect on the theory of contract. Frieds inimitably eloquent prose made tremendous philosophical depth as well as doctrinal insight uniquely accessible to a new generation of contract scholars, provided a canonical restatement of the liberal tradition in contract theory, and shaped the contours of the academic debate in its field for ideological friends and foes alike. The books enduringlegacy can hardly be exaggerated, and the timely publication of this Second Edition cements that legacy for many more years to come." Dori Kimel, Reader in Legal Philosophy, University of Oxford Review Quote "Contract as Promise is a landmark in legal thought. Now in its Second Edition, this classic text remains as engaging today as when first published; and a new postscript deftly connects the books enduring themes to subsequent developments in law and legal theory." Daniel Markovits, Guido Calabresi Professor of Law, Yale Law School "Contract as Promise is a classic in contracts and legal philosophy. In his unburdened, elegant style, Fried works through the implications of thinking of contract law as the legal expression of the moral principles of promissory obligation. Both introductory students and seasoned scholars will be very well-served by its reissue and Frieds thoughtful and stimulating re-situating of the work thirty years on." Seana Valentine Shiffrin, Professor of Philosophy, and Pete Kameron Professor of Law and Social Justice, UCLA A "readable and provocative book on the philosophical foundations of contract law . . . Frieds argument makes a powerful case for the view that the law of contracts has a recognizable and distinctive intellectual integrity of its own . . . Students will find Frieds unifying hypothesis a helpful aid." Yale Law Review "Fried calls into question some of the most deeply held assumptions of contract law [and] argues powerfully for a moral basis of contract. . . Frieds book offers a sensitive and subtle investigation, a richly suggestive vision of contract theory. The study and systematic critical discussion of such theory is of the first importance, for it is a question of nothing less than the relationship between law and morals." New York Law Journal "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 "Contract as Promise has had nothing short of a transformative effect on the theory of contract. Frieds inimitably eloquent prose made tremendous philosophical depth as well as doctrinal insight uniquely accessible to a new generation of contract scholars, provided a canonical restatement of the liberal tradition in contract theory, and shaped the contours of the academic debate in its field for ideological friends and foes alike. The books enduring legacy can hardly be exaggerated, and the timely publication of this Second Edition cements that legacy for many more years to come." Dori Kimel, Reader in Legal Philosophy, University of Oxford "Contract as Promise is a landmark in legal thought. Now in its Second Edition, this classic text remains as engaging today as when first published; and a new postscript deftly connects the books enduring themes to subsequent developments in law and legal theory." Daniel Markovits, Guido Calabresi Professor of Law, Yale Law School "Contract as Promise is a classic in contracts and legal philosophy. In his unburdened, elegant style, Fried works through the implications of thinking of contract law as the legal expression of the moral principles of promissory obligation. Both introductory students and seasoned scholars will be very well-served by its reissue and Frieds thoughtful and stimulating re-situating of the work thirty years on." Seana Valentine Shiffrin, Professor of Philosophy, and Pete Kameron Professor of Law and Social Justice, UCLA Feature Selling point: Comprehensive study of the philosophical foundations of contract lawSelling point: Effectively answers some of the common assumptions about contract lawSelling point: Proposes a moral basis for contract law while defending the classical theory of contractSelling point: Applies a "theoretical purpose" to demonstrate how contract law can be traced to and is determined by a small number of basic moral principlesSelling point: Applies a "pedagogic purpose" to provide for students the underlying structure of contract lawSelling point: Provides a clear, simple exposition of complex subject matter using simple focused examples Details ISBN0190240164 Author Charles Fried ISBN-10 0190240164 ISBN-13 9780190240165 Format Paperback Year 2015 Pages 224 Language English Edition 2nd Media Book DEWEY 346.022 Birth 1935 Affiliation Harvard University Subtitle A Theory of Contractual Obligation Short Title CONTRACT AS PROMISE 2E P REV/E Illustrations black & white illustrations Position Food Historian Imprint Oxford University Press Inc Place of Publication New York Country of Publication United States Publisher Oxford University Press Inc Publication Date 2015-05-21 UK Release Date 2015-05-21 NZ Release Date 2015-05-21 US Release Date 2015-05-21 Edited by Ursula Heinzelmann Qualifications BA, MED Edition Description 2nd Revised edition Alternative 9780190240158 Audience Tertiary & Higher Education AU Release Date 2015-06-04 We've got this At The Nile, if you're looking for it, we've got it. 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