Numerous disagreements in contract law stem from the answer to a straightforward definitional question: What is a contract? Is it a mutual commitment to perform, or is it merely a promise to deliver the agreed-upon performance or pay damages, with each choice treated as equally acceptable? Is a contract about the right to obtain an agreed-upon good or service at a given time, or is it about the right to obtain an agreed-upon value at a given time?
Knobler, Michael D.
"A Dual Approach to Contract Remedies,"
Yale Law & Policy Review: Vol. 30
, Article 5.
Available at: http://digitalcommons.law.yale.edu/ylpr/vol30/iss2/5