Douglas Baird, ‘Unlikely Resurrection: Richard Posner, Promissory Estoppel, and The Death of Contract’

INTRODUCTION
Many of Richard Posner’s opinions boldly confront great questions. But equally important are those that, in the aggregate, illuminate discrete areas of the law and make them easier to understand. Among the best examples are Posner’s some two dozen opinions on promissory estoppel. They illustrate his ability to reshape the terms of even the most familiar debates. By the middle of the twentieth century, the idea took hold that, in addition to promises supported by consideration, promises seriously made and reasonably relied on were also legally enforceable. It was not easy, however, to reconcile this idea with traditional notions of contract law …

Baird, Douglas, Unlikely Resurrection: Richard Posner, Promissory Estoppel, and The Death of Contract, University of Chicago Law Review: volume 86 : issue 9, article 11 (2019).

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