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28 B.U. Pub. Int. L.J. 297 (2019)
Modern Unilateral Contracts

handle is hein.journals/bupi28 and id is 309 raw text is: MODERN UNILATERAL CONTRACTS* Mark Pettit, Jr.** I. THE UNILATERAL-BILATERAL DISTINCTION AND CRITICISM OF THE GREAT DICHOTOMY ............. 299 II. THE SECOND RESTATEMENT ......................... 303 III. THE PROLIFERATION OF UNILATERAL CONTRACTS CASES .............................................. 305 A. Unilateral Contracts Between Employers and Employees....... 306 1. Cases in Which the Employee Has Fully Performed......... 309 2. Cases in Which the Employee Has Partially Performed.... 311 B. Some Less Traditional Uses of the Unilateral Contract Idea ... 314 1. Plea Bargains .......................... ...... 315 2. Other Citizen-State Relationships ....................... 316 3. Contracts with Schools ....... ....................... 319 C. The Adaptability of the Unilateral Contract Concept............... 320 IV. SEARCHING FOR LIMITS ON THE USE OF UNILATERAL CONTRACT ............................................ 322 A. Unilateral Contract as a Tool for Expanding Civil Obligation ........................................ 322 B. The Promissory Basis of Unilateral Obligation..... ....... 323 1. The Employment Benefit Cases........... ............. 324 2. The Personal Injury Cases .................. ..... 331 Professor Mark Pettit served as the Public Interest Law Journal's faculty advisor for many years during his illustrious career at Boston University School of Law. The Journal's staff members, both past and present, are eternally grateful for the guidance and support that he so generously offered during his time with us. He will be greatly missed not only by the members of the Journal but also by his colleagues and the many students that were lucky enough to have him as a professor. In his memory, the Journal has decided to republish his seminal work, Modern Unilateral Contracts (republished with the permission of Boston University Law Review). ** Associate Professor, Boston University School of Law. A.B., 1968, Bowdom College; J.D., 1971, University of Chicago. I want to thank the many colleagues who provided helpful comments on early drafts. I owe particular thanks to Ronald Cass, Burnett Harvey, John Leubsdorf, and Aviam Soifer, each of whom labored through more than one draft, and to my research assistants-Cindy Hirsch, Robert Landau, John Riley, and Joseph Whalen. 297

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