Basic Contract Law
The thoroughly updated and modernized Sixth Edition of this famous casebook is built on the spine of leading contracts cases, which are presented in a full-bodied way, with only limited editing of the facts. Text Notes are used selectively, so readers are provided with background discussions where an issue is better elaborated by notes than by case. There are copious cross-references to the UCC and the Restatement (Second) of Contracts. And, three important innovations have been made in the...
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The thoroughly updated and modernized Sixth Edition of this famous casebook is built on the spine of leading contracts cases, which are presented in a full-bodied way, with only limited editing of the facts. Text Notes are used selectively, so readers are provided with background discussions where an issue is better elaborated by notes than by case. There are copious cross-references to the UCC and the Restatement (Second) of Contracts. And, three important innovations have been made in the Sixth Edition: the addition of extensive cross references to the Convention for the International Sale of Goods and the Unidroit Principles of International Contracts Law, together with Text Notes concerning CISG and Unidroit; the inclusion of extensive cross-references to the Drafts of proposed new Articles 2 and 9 of the UCC; and the use of extensive Text Note Material on the effect of Electronic Data Interchange on contract law.
Preface Acknowledgments Table of Cases Table of Uniform Commercial Code Citations Table of Uniform Consumer Credit Code Citations Table of Citations to the Restatement of Contracts PART I WHAT PROMISES SHOULD THE LAW ENFORCE? -- THE DOCTRINE OF CONSIDERATION Chapter 1 An Introduction to Considerations: Donative Promises, Form, and Reliance 1. Simple Donative Promises 2. The Element of Form 3. The Element of Reliance Chapter 2 The Bargain Principle and Its Limits 1. The Bargain Principle 2. Unconscionability 3. Forbearance to Bring Suit 4. The Problem of Mutuality 5. Performance of a Legal Duty as Consideration; Modification and Waiver of Contractual Duties Chapter 3 Past Consideration (Including the Problem of "Moral Obligation" as Consideration for a Promise). Chapter 4 The Limits of Contract PART II REMEDIES FOR BREACH OF CONTRACT Chapter 5 An Introduction to Contract Damages Chapter 6 The Expectation Measure 1. Damages for Breach of a Contract to Perform Services 2. Damages for Breach of a Contract for the Sale of Goods 3. Mitigation: Contracts for Employment 4. Foreseeability 5. Certainty 6. Damages for Mental Distress 7. Liquidated Damages Chapter 7 Specific Performance Chapter 8 The Reliance and Restitution Measures 1. Reliance Damages in a Bargain Context 2. The Restitution Measure PART III ASSENT Chapter 9 An Introduction to Interpretation Chapter 10 The Mechanics of a Bargain (I) - Offer and Revocation 1. What Constitutes an Offer 2. Termination of the Officer's Power of Acceptance: Lapse, Rejection, and Counter-Offer 3. Termination of the Offeree's Power of Acceptance: Revocation Chapter 11 The Mechanics of a Bargain (II) - Contracts Concluded by Correspondence Chapter 12 The Mechanics of a Bargain (III) - Modes of Acceptance Chapter 13 Implied-in-Law and Implied-in-Fact Contracts; Unilateral Contracts Revisited Chapter 14 Preliminary Negotiations, Indefiniteness, and the Duty to Bargain in Good Faith Chapter 15 The Parol-Evidence Rule; Further Problems of Interpretation Chapter 16 The Roles of Trade Usage, Course of Performance, and Course of Dealing in Determining the Content of and Agreement PART IV FORM CONTRACTS IN COMMERCIAL AND CONSUMER CONTEXTS Chapter 17 Contract Formation in a Form-Contract Setting Chapter 18 Interpretation and Unconscionability in a Form-Contract Setting PART V MISTAKE AND CHANGED CIRCUMSTANCES Chapter 19 Mistake 1. Misunderstanding 2. Mutual Mistake 3. Unilateral Mistake 4. Nondisclosure 5. Mistakes in Transcription, Reformation Chapter 20 The Effect of Changed Circumstances PART VI PROBLEMS INVOLVING PERSONS OTHER THAN THE PARTIES TO THE ORIGINAL CONTRACT Chapter 21 Third Party Beneficiaries Chapter 22 Assignment and Negotiation 1. Introduction 2. Assignability of Rights and Delegability of Duties 3. Financing Through the Assignment of Claims 4. Defenses of the Obligor Against the Assignee in a Commercial Context 5. Negotiation: Defenses in the Consumer Context PART VII PROBLEMS OF PERFORMANCE Chapter 23 The Obligation to Perform in Good Faith Chapter 24 The Doctrine of Substantial Performance 1. The General Principle 2. Contracts for the Sale of Goods Chapter 25 Express Conditions 1. Introduction 2. The Distinctions Between The Operations of a Promise And the Operation of a Condition 3. Conditions Precedent and Conditions Subsequent 4. Problems of Interpretation in Distinguishing Between Conditions and Promises 5. Conditions of Cooperation: Prevention; The Implication of a Promise From an Express Condition 6. Conditions of Satisfaction 7. Conditions of Payment 8. Excuse Chapter 26 Breach of Response 1. Mutual Dependency of Performances 2. Order of Performance and Ability to Perform 3. Material Breach: Failure of Performance by One Party as an Excuse for Nonperformance by the Other Chapter 27 Anticipatory Repudiation, Prospective Inability to Perform, and Adequate Assurance of Performance APPENDICES INDEX
