CON · S01Why should a contract be binding?Asked in 4 of 7 papers (Jun ’22, Dec ’22, Jun ’24, Jan ’25)Which account most accurately describes Barnett’s consent theory, rather than a bare rule that every promise is enforceable?
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ProAContract enforces every sincere promise without asking whether the promised right can be transferred.
BContractual liability follows whenever a disappointed person has relied, irrespective of the other party’s commitment.
CContract identifies valid consensual transfers of alienable rights within a wider system of entitlements.
DContract judges may ignore existing rights whenever they prefer a fairer distribution.
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