CON · S01Revision: Why should a contract be binding?Asked in 4 of 7 papers (Jun ’22, Dec ’22, Jun ’24, Jan ’25)
In Fried’s reconsideration, what institutional concern may help explain the continuing force of consideration doctrine despite the broader moral significance of promising?
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AConsideration can imperfectly triage enforcement because courts face error, cost and scarce adjudicative resources.
BEvery promise without consideration is morally worthless and cannot create any interpersonal obligation.
CConsideration exists only to maximize court filing fees, regardless of the seriousness of the transaction.
DThe doctrine proves that contract law is identical to criminal punishment.
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