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Contract as PromiseA Theory of Contractual Obligation$
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Charles Fried

Print publication date: 2015

Print ISBN-13: 9780190240158

Published to Oxford Scholarship Online: May 2015

DOI: 10.1093/acprof:oso/9780190240158.001.0001

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Contract as Promise

Contract as Promise

Chapter:
(p.7) Chapter 2 Contract as Promise
Source:
Contract as Promise
Author(s):

Charles Fried

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190240158.003.0002

This chapter shows how the classical liberal conceptions of autonomy and responsibility ground trust, which grounds the morality of promise, which is the basis of the institution of contract. It explores the difference between a statement of intent as to a particular future act and a promise to do or refrain from doing such act. It also explores the differences between the utilitarian and Kantian approaches to the duty to keep promises. The chapter discusses what a promise is worth to someone who seeks a remedy if the promise is broken, including the different measures of damages: expectation, reliance, and benefit conferred.

Keywords:   autonomy, trust, promise, duty, remedy

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