Discussion: Thoughts on the Divergence of Contract and Promise

Bartrum, Ian
January 2011
Canadian Journal of Law & Jurisprudence;Jan2011, Vol. 24 Issue 1, p225
Academic Journal
The article discusses the divergence between promise and contract law with reference to the theory by Professor of Philosophy Seana Shiffrin and Professor David Owens' "A Simple Theory of Promising." In Shiffrin's view, a contract is roughly equivalent to a promise and that a promise may accompany a contract. David Owens' "A Simple Theory of Promising" explains why the institution of promising exists, and concludes that it has arisen as a tool that serves our authority-interests.


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