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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.
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For philosophers and social scientists, the book is a unique demonstration of the practical and detailed entailments of moral theory. Condition: NEW. Print on Demand title, produced to the highest standard, and there would be a delay in dispatch of around 10 working days.
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Contract as Promise: A Theory of Contractual Obligation by Charles Fried (Paperback, 2015)
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Synopsis About this title 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. Review : " Contract as Promise is a landmark in legal thought. 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 Fried's thoughtful and stimulating re-situating of the work thirty years on.
Fried's 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 Fried's unifying hypothesis a helpful aid. Fried's book offers a sensitive and subtle investigation, a richly suggestive vision of contract theory.
Charles Fried, Contract as Promise: At Theory of Contractual Obligation | Harvard Law School
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. 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. Fried's 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 book's enduring legacy can hardly be exaggerated, and the timely publication of this Second Edition cements that legacy for many more years to come.