Concepts and Case Analysis in the Law of Contracts

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  • Edition: 6th
  • Format: Paperback
  • Copyright: 5/14/2010
  • Publisher: Foundation Pr
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The sixth edition of Concepts and Case Analysis in the Law of Contracts is a readable primer that offers first-year law students a reliable overview of the major themes and leading cases in the field of the law of contracts. This contracts primer is straightforward and uncluttered, covering the main themes of the first-year contracts course, together with related cases.

Table of Contents

Prefacep. v
Background Elements: The Contract Curve and Expectation Damagesp. 1
Consideration and the Bargained-for Exchangep. 12
Promises to Make a Giftp. 15
Reliance and Promissory Estoppelp. 22
Illusory Promisesp. 27
Moral Obligation and Past Considerationp. 30
Contract Formationp. 36
Offer and Acceptancep. 41
Revocation and Counterofferp. 53
Unfairness and Unconscionabilityp. 81
Traditional Elements: Duress, Incapacity and Misrepresentationp. 81
Standardized Forms and Unconscionabilityp. 92
Contract Interpretation: Parol Evidence; Trade Usage; Gap Fillersp. 101
The Parol Evidence Rulep. 104
Trade Usagep. 111
Filling the Gaps: "Best Efforts" and Other Flexible Commitmentsp. 114
Performance and Breachp. 124
Conditionsp. 130
Problems of Performancep. 141
Mistake and Impossibilityp. 166
Mistake and Impracticabilityp. 166
Impossibility and Frustrationp. 177
Remediesp. 189
Expectation Damagesp. 189
Limitations on Expectation Damagesp. 198
Reliance and Restitutionp. 216
Liquidated Damagesp. 230
Third Party Beneficiariesp. 236
Afterwordp. 246
Table of Casesp. 249
Indexp. 253
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