By Roy Kreitner
This booklet is a historical past of yankee agreement legislations round the flip of the 20th century. It meticulously info shifts in our perception of agreement through juxtaposing scholarly money owed of agreement with case legislation, and exhibits how the situations show conflicts for which scholarship bargains only one of many attainable answers.Breaking with traditional knowledge, the writer argues that our present realizing of agreement isn't the outgrowth of sluggish refinements of a centuries-old notion. quite, agreement as we now understand it was once formed by means of a revolution in inner most legislations undertaken towards the tip of the 19th century, while felony students validated calculating promisors because the centerpiece in their concept of contract.The writer keeps that the revolution in agreement considering is better understood in a body of reference wider than the principles governing the formation and enforcement of contracts. That body of reference is a cultural negotiation over the character of the person topic and the position of the person in a society present process transformation. components of important challenge comprise the enforceability of delivers to make presents; the connection of contracts to hypothesis and playing; and the matter of incomplete contracts.
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Extra info for Calculating Promises: The Emergence of Modern American Contract Doctrine
App. 1904). 28. Joseph H. , “Gratuitous Undertakings,” 5 Harv. L. Rev. 222, 227 (1891). 29. Holmes’s discussion in The Common Law attempts an analogous maneuver, but with a different focus. See Holmes, Common Law, 164–205. Holmes works through the common law on bailment to show, gifts and promises revisited Determining the Extent of Liability A third area of preclassical contract law where consideration played a role unconnected to the enforceability of promises was in determining the extent of damages available for the breach of a contractual obligation.
But what kind of contract is that in which the obligation arises not from a promise, but from the receipt of an equivalent for the obligation by the obligor from the obligee? Id. at 1040–41; see also id. at 1027 (discussing promises to pay for services already rendered). 23. , 8 Holdsworth, History of English Law, 14–17, 37–39; Holmes, Common Law, 285–87, 295–97; Frederick Pollock, Principles of Contract 181–82 (7th ed. 1902); Ames, “History of Assumpsit,” 53–59. One of the most detailed examples is Williston’s treatment.
Rev. 821, 834–35 ). For a critique of the classical monistic view on remedies, see L. L. Fuller and William R. Perdue, “The Reliance Interest in Contract Damages,” pts. J. 52, 373 (1936–37). 34 The classical response to this issue was simply to call it a historical error, a misunderstanding of the true nature of consideration. Again, Langdell’s discussion is indicative. He admits that Dutton v. Poole (1677) had at one time established an exception to the rule of privity, but says this had led to “untenable” results: In the case of a promise made to one person for the benefit of another, there is no doubt that the promisee can maintain an action, not only in his own name, but for his own benefit.