ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, August 4, 2005

Freedom and Contract

Lipshaw, Jeffrey M., "Freedom, Compulsion, Compliance and Mystery: Reflections on the Duty Not to Enforce a Promise" (July 17, 2005).

This paper discusses how a promisor may feel bound even though the promisee has not intention of forcing the promisee to perform. This is a form of moral compulsion which is dependent upon the will of the freely acting agent. Although this article may too cleanly separate what it calls moral freedom and legal compulsion, it is worth reading for its insight into moral action in promises.

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