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Editing Contracts/Efficient breach
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== Criticism == | == Criticism == | ||
Some, such as [[Charles Fried]] in his "Contract as Promise", have argued that morally, A is obligated to honor a contract made with B because A has made a promise. Fried wrote, "The moralist of duty thus posits a general obligation to keep promises, of which the obligation of contract will only be a special case – that special case in which certain promises have attained legal as well as moral force." It would seem that Fried has since revised his interpretation | Some, such as [[Charles Fried]] in his "Contract as Promise", have argued that morally, A is obligated to honor a contract made with B because A has made a promise. Fried wrote, "The moralist of duty thus posits a general obligation to keep promises, of which the obligation of contract will only be a special case – that special case in which certain promises have attained legal as well as moral force." It would seem that Fried has since revised his interpretation <ref>{{Cite web|title = Charles Fried, Contract as Promise, 2.0 — Yonathan Arbel|url = https://blogs.law.harvard.edu/nplblog/2015/09/24/charles-fried-contract-as-promise-2-0-yonathan-arbel/|website = New Private Law|accessdate = 2015-10-16|language = en}}</ref>. | ||
Others argue that the costs of litigation relevant to gaining expectation damages from breach would leave one or both of the original parties worse off than if the contract had simply been performed. Also, Posner's hypothetical assumes that the seller is aware of the value the buyer places on the commodity, or the cost of purchase plus the profits the buyer will make.<ref>Eisenberg, Melvin, Basic Contract Law, 8th ed. West Publishing, 2006, 209-214.</ref> | Others argue that the costs of litigation relevant to gaining expectation damages from breach would leave one or both of the original parties worse off than if the contract had simply been performed. Also, Posner's hypothetical assumes that the seller is aware of the value the buyer places on the commodity, or the cost of purchase plus the profits the buyer will make.<ref>Eisenberg, Melvin, Basic Contract Law, 8th ed. West Publishing, 2006, 209-214.</ref> |