Suffolk University Law Review

Articles from Vol. 45, No. 3, Summer

Contract as Meaning: An Introduction to "Contract as Promise at 30"
I. INTRODUCTION Charles Fried wrote Contract as Promise (1) because he objected to the idea--growing increasingly prevalent in the years preceding the book's publication--that something other than moral duty underlay the social institution through...
'Contract as Promise' Thirty Years On
At the time Contract as Promise (1) was written, there were two views of the subject in the field: a traditional, doctrinal and not particularly theorized view that saw contract as the law's way of allowing private parties to create and enforce the...
Contract Is Not Promise; Contract Is Consent
INTRODUCTION Charles Fried's Contract as Promise (1) arrived on the scene in 1981 at exactly the right moment. In the 1970s, contract law scholarship had come to be dominated by two competing visions: the "contract as tort" vision associated with...
Do Promises Distinguish Contract from Tort?
Contract as Promise, Charles Fried's modern classic, argues that contract law has a "moral basis" in the "promise principle." (1) It was written, of course, in response to scholars who foresaw the "Death of Contract." (2) According to them, it is a...
On the New Pluralism in Contract Theory
INTRODUCTION Pluralism is on the agenda of contract theory. Maybe pluralism is a budding movement, the next big thing; maybe it is just a rehashing of pragmatic muddling through that either shuns or doesn't deserve the name "theory." But whatever...
Promise and Private Law
I. INTRODUCTION II. THE BILATERALISM OF CONTRACTUAL DAMAGES A. From Promise to Expectation Damages B. Reconstructing Promise and Expectation Damages III. PROMISE AND PRIVATE STANDING A. Private Standing as Disaggregated Enforcement B. Civil Recourse...
Promises and Prices
I. PRICES IN THE ABSTRACT A. When Prices are Likely to Rise B. Evaluating Price Effects II. PRICES AND SPECIFIC INDIVIDUALS A. Punitive Damages (Amitabh) B. Non-Pecuniary Losses (Ira and George) C. Mitigation of Damages (Theresa) D....
Promissory Autonomy, Imperfect Courts, and the Immorality of the Expectation Damages Default
INTRODUCTION To a generation of law students, lawyers, and legal scholars, Contract as Promise (1) has provided a liberal theory of contract that explains fundamental features of contract law and provides a normative foundation for evaluating the...
The Equitable Dimension of Contract
I. INTRODUCTION Contract theory has long been preoccupied with the common law. Contracts is taught in the first year of law school along with the other "common law subjects." The rise of the modern view of contracts as involving mutually dependent...
The Expectation Remedy and the Promissory Basis of Contract
I. CONTRACT AS PROMISE Charles Fried's Contract as Promise stands as a model of principled legal argument. It took a single, integrating thought--that a promise lies at the heart of every contract--and then reconstructed broad swaths of doctrine...
The Holmesian Bad Man Flubs His Entrance
I. Introduction Thirty years after its publication, Contract as Promise remains the canonical presentation of a liberal, autonomy-based conception of contractual obligation. In Charles Fried's words, "The moral force behind contract as promise is...
Theories of Contract Law and Enforcing Promissory Morality: Comments on Charles Fried
INTRODUCTION Charles Fried's 1981 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 respond....
The Promise Principle and Contract Interpretation
The promise principle and its roots in a certain type of morality of individual obligation, which play the central role in Charles Fried's vision of contract law, have importantly contributed to rescuing contract law from absorption into tort law and...
The Sacred and Profane Contracts Machine: The Complex Morality of Contract Law in Action
When e're you make a promise Consider well its importance And when made Engrave it upon your heart (1) I. INTRODUCTION The central argument of this article is that the song sung by Brownies about the importance of keeping promises needs...
Virtue Ethics and Efficient Breach
INTRODUCTION contracts scholars have been arguing over the concept of "efficient breach" for over thirty years. The issues at stake in this argument are well known, yet the debate fails to subside. Supporters of efficient breach contend that allowing...