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Monday, April 20, 2020 | History

3 edition of Promises and contract law found in the catalog.

Promises and contract law

Martin Hogg

Promises and contract law

comparative perspectives

by Martin Hogg

  • 366 Want to read
  • 18 Currently reading

Published by Cambridge University Press in Cambridge, New York .
Written in English

    Subjects:
  • Contracts,
  • Promise (Law),
  • LAW / Contracts

  • Edition Notes

    Includes bibliographical references (p. 468-481) and index.

    StatementMartin Hogg
    Classifications
    LC ClassificationsK845.P76 .H64 2011
    The Physical Object
    Paginationxxxviii, 505 p. ;
    Number of Pages505
    ID Numbers
    Open LibraryOL25053730M
    ISBN 109780521193382
    LC Control Number2011013371


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Promises and contract law by Martin Hogg Download PDF EPUB FB2

Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal Cited by: Buy Promises and Contract Law: Comparative Perspectives: Read Kindle Store Reviews - 5/5(2).

Promises and Contract Law - by Martin Hogg July Skip to main content Accessibility help We use cookies to distinguish you from other users. Agreements and promises have different normative functions, and through an examination of Shiffrin’s discussion of voluntarily undertaken obligations between persons in intimate relationships, it is shown that agreements, not contracts, are the sorts of obligations intimates typically enter into, and that securing or making promises is typically “pathological” or.

The law of contracts is clearly a social institution, backed by the coercive power of the state and subject to modification through judicial decisions and legislative by: Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective.

Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship.5/5(3).

This contract law course, with new materials and updated case examples, is designed to introduce the range of issues that arise Promises and contract law book entering and enforcing contracts.

It will provide an introduction to what a contract is and also analyze the purpose and significance of contracts. When Promises and contract law book Statement or Promise Becomes a Contract: Overview.

If one party makes a statement or a promise that causes another party to rely on that statement in such a way that he or she is financially injured by that reliance, then a court will enforce the statement or promise as if it was a completed contract. This Cheat Sheet introduces some of the most important concepts in contract law — such as contract formation, promises enforceable because of reliance and restitution, the statute of frauds, the parol evidence rule, and damages for breach of contract — and boils them down for easy reference.

Essential Elements of Contract Formation. Contract law is based on the Latin phrase pacta sunt servanda (literally, promises must be kept). Breach of a contract is recognised by the law and remedies can be provided. Almost everyone makes contracts everyday. Sometimes written contracts are required, e.g., when buying a house.

The promises, made between at least two parties to express the willingness to do or not to do certain things are basically deemed as agreements. On the whole, contracts begin as agreements. Nevertheless, it becomes much more complicated when an agreement is upgraded to the level of a contract bound by law/5.

Promises and Contract Law by Martin Hogg,available at Book Depository with free delivery worldwide.3/5(1). It moves from trust to promise to the nuts and bolts of contract law. The book shows that contract law has an underlying unifying moral and practical structure.

There may be more legal detail in this book than the theorist requires (as in the discussions of offer and acceptance and conditions), and more theory than is necessary for the law student (as in the early discussion of the morality of promising).

The general rule is that contracts can be made informally; most contracts can be formed orally, and in some cases, no oral or written communication at all is needed. Thus, an informal exchange of promises can still be as binding and legally valid as a written contract. There are statutory exceptions to this Size: KB.

Law of Contracts. contract. contract, in law, a promise, enforceable by law, to perform or to refrain from performing some specified act. In a general sense, all civil obligations fall under tort or contract law.

Torts are usually characterized as violations of duties that are imposed on all persons and that have been established entirely by law. Promises,” in The Theory of Contract Law, Peter Benson, ed.

(Cambridge: Cambridge University Press, ), 19 at 30 (“One goal of an economic analysis, then—and one focus of the recent economic literature—is to identify those forms of enforceability that will give partiesCited by: 3. promisee an expectation of performance (Charles Fried Contract as Promise: A Theory of Contractual Obligation (Harvard University Press, Cambridge, ) at 16).

5 T M Scanlon “Promises and Contracts” in Peter Benson (ed) The Theory of Contract Law: New Essays (Cambridge University Press, Cambridge, ) at "Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship.

19A. Power to set aside contract induced by undue influence: Agreement void where both parties are under mistake as to matter of fact. Effect of mistakes as to law: Contract caused by mistake of one party as to matter of fact. What considerations and objects are lawful and what not.

“Every agreement and promise enforceable at law is a contract.” – Pollock. “A Contract is an agreement between two or more persons which is intended to be. enforceable at law and is contracted by the acceptance by one party of an offer made to. him by the other party to do or abstain from doing some act.” – Halsbury.

Size: 1MB. The subtitle of Charles Fried's enormously influential book, Contract as Promise, is "A Theory of Contractual Obligation." However, the extent to which the book presents a theory of contract law remains controversial and unsettled.

In the book, Fried proclaims that. economic value. Secondly, in a bilateral contract the consideration for a promise is a counter-promise, and in a unilateral contract con­ sideration is the performance of the act specified by the promisor.

Thirdly, the law of contract only enforces bargains; the consideration must, in short, be (and perhaps even be regarded by the parties as)Cited by: 4. Exploring the role of third parties in contract law Practicing in the Real World of Contracts Chapter 2: Let’s Make a Deal: Offer and Acceptance Contract Formation: Getting a Handle on the Essentials Forming a Contract: Promises, Offers, and Mutual Assent Making a commitment by making a promise Turning a promise into an offer by asking for.

The Restatement of Contracts, for example, defines a contract as “a promise or set of promises for the breach of which the law gives as a remedy, or the performance of which the law in some way recognizes as a duty” (American Law Institute§ 1; see also § 75).

Restatement (Second) of the Law of Contracts § 1 ("A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty."). by: 3. Charles Fried, Contract as Promise, — Yonathan Arbel Post by Yonathan Arbel The second edition of Charles Fried’s foundational book ‘Contract as Promise’ is now out in print, and to celebrate the event, Harvard Law School held a special panel comprising of Charles Fried himself as well as other HLS professors.

From our free online course, “Contract Law: From Trust to Promise to Contract”: Professor Charles Fried discusses. Questions. Agreement and certainty (PDF, Size: 16KB). Agreement problems (PDF, Size: 14KB). Enforceability of promises - Intention to create legal relations, consideration, promissory estoppel and duress (PDF, Size: 17KB).

Terms and breach of contract (PDF, Size: 18KB). Exemption clauses and unfair terms (PDF, Size: 73KB). Remedies for breach of contract (PDF, Size: 78KB).

Book January the promise of C’s secretary to procure a knighthood for P which failed to even- the whole range of cases where contract law denies a contract its ordinary legal conse.

What would amount to a promise. The courts approach towards promissory estopell, Detrimental reliance and part payment of a debt, Intention to create legal relations, Intention to create legal relations on separation or divorce, intention to create legal relations in a commercial context.

The Definition of Contract. As usual in the law, the legal definition of contract A legally enforceable set of promises.

is formalistic. The Restatement (Second) of Contracts (Section 1) says, “A contract is a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.”.

Contract as Promise,' Charles Fried's readable and provocative book on the philosophical foundations of contract law, has two attractive features. The first is its attention to legal detail. After setting out a general theory.

Contract law governs how promises between two individuals are enforced. Few areas of law impact our daily lives as much as contract law, and in this module you will gain a deeper understanding of what a contract is and what makes it enforceable. Learn about contracts from Harvard Law Professor Charles Fried, one of the world’s leading authorities on contract law.

Contracts are promises that the law will enforce. But when will the law. Civil law and common law systems are held to enforce promises differently: civil law, in principle, will enforce any promise, while common law will enforce only those with 'consideration'.

In that respect, modern civil law supposedly differs from the Roman law from which it descended, where a promise was enforced depending on the type of contract the parties had made.

This. 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. Books. Essays on Contract (), Oxford University Press, Digital Reproduction available at Google Books () Atiyah's Accidents, Compensation and the Law (), now () and updated by Peter Cane; The Rise and Fall of Freedom of Contract () Oxford University Press; Promises, Morals, and Law () Oxford University Press.

This book, revised as the Second Edition Juneis designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears.

The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the Author: Val Ricks. Law of Contracts Definition and Forms of contracts The law of contract is concerned about the legal enforceability of promises. In that context, a contract may be described as an agreement that the law (the Courts) will enforce.

This notion of enforceability is central to contract law. If you break (breach) the contract, the other party has. In American law, only the second situation is a binding contract, because only that contract contains consideration The surrender of any legal right (a detriment) in return for the promise of some benefit in return., a set of mutual promises in which each party agrees to give up something to the benefit of the other.

This chapter will explore. In “Contract as Commodified Promise,” 1 Erik Encarnacion offers a novel perspective on contract law, one that suggests that we evaluate contractual agreements in terms of commodification. For Encarnacion, contracts involve commodified promises in the sense that, in enforceable agreements, one is literally selling a promise: the promiseFile Size: KB.Quasi contract is not a contract: it is a way we right a wrong.

When we have contract law we just look at 5 elements and wording of the contract. If there is no contract then there is no contract to enforce. Righting a wrong or to prevent unjust enrichment - .Symposium—Contract as Promise at The Future of Contract Theory Charles Fried’s book, Contract as Promise, started the modern discussion in the United States and many other places on contract theory, and remains an influential view to which all contract theorists who have come later must Article will consider two important themes connected with .