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Promise?

In Andrei Marmor (ed.), The Routledge Companion to Philosophy of Law. New York , NY: Routledge (2012)

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  1. The Penalties Rule and the Promise Theory of Contract.Prince Saprai - 2013 - Canadian Journal of Law and Jurisprudence 26 (2):443-469.
    The rule against penalty clauses in contract law sits uneasily with the promise theory of contract. According to the rule, if contracting parties agree a monetary remedy for breach which is substantially in excess of what would be required to compensate the claimant then that remedy is not enforceable. If contracts enforce promises however one would expect to see these clauses enforced. The rule appears therefore to be an example of a contract doctrine that diverges from promise. Promise theorists tend (...)
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  • Promises.Allen Habib - 2009 - Stanford Encyclopedia of Philosophy.
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  • Promise, Agreement, Contract.Gregory Klass - 2020 - In Hanoch Dagan & Benjamin C. Zipursky (eds.), Research Handbook on Private Law Theory. Edward Elgar Publishing.
    It is natural to wonder about contract law’s relationship to the morality of promises and agreements. This Chapter distinguishes two ways to conceive of that relationship. First, parties’ agreement-based moral obligations might figure into the explanation of contract law—into an account of its functions or justifications. Contract law might serve to enforce parties’ first-order performance obligations, to enforce second-order remedial obligations, to support the culture of making and keeping agreements more generally, or at least to do no harm to that (...)
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