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"A contract is a promise or a set of promises for the breach of which the law gives a remedy or the performance of which the law is someway recognises as a duty." This statement made in :

  • A.Halsbury's Laws of England
  • B.American Restatement of the Law of Contracts
  • C.Chitty on contracts
  • D.Either (A) or (B) or (C)

Answer: B

The definition is from the American Restatement of the Law of Contracts.

Section 1 of the Restatement (issued by the American Law Institute in 1932, and kept in the Second Restatement) defines a contract as a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognises as a duty. The definition is built on enforceable promises rather than on agreement.

Halsbury's Laws of England and Chitty on Contracts describe a contract in terms of an agreement giving rise to obligations, so the quoted wording is not theirs, and 'Either (A) or (B) or (C)' fails for the same reason.

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