41 Colum.L.Rev. 783, 784-786,
788-790 (1941).
Two competing theories of contract
enforcement are presented:
1.
A
promise represents a “fixed purpose” in the mind of the promisor.
2.
Enforcement
is necessary to give people the power to make promises that others can really
depend on.
Promises should be enforced
unless there is a practical reason not to do so.
There are many conditions
under which a promise may not be enforced:
1.
Duress
2.
Fraud
(c.f. statute of frauds)
3.
Misrepresentation
4.
Non-disclosure
(sometimes)
5.
Mistake
6.
Impossibility
7.
Forfeiture
(don’t know what this means yet)
8.
The
promise goes against a statute
9.
The
promise goes against public policy