Foundations of Contract Law

by Craswell, Richard; Schwartz, Alan

• ISBN13: 9780195079401
• ISBN10: 019507940X
• Format: Paperback
• Copyright: 1994-09-08
• Publisher: Oxford Univ Pr

Summary

The only completely up-to-date, broad-based reader in its field, this text brings together important legal studies and a wealth of materials by economists, historians, political scientists, and sociologists to illuminate the intellectual currents and social and political forces behind contemporary practices and procedures. Designed to complement any standard casebook, it will be an invaluable resource both for the required contracts course and for any upper-level contract theory course.

Table of Contents

Normative Underpinnings

Enforcing Promises P.S. Atiyah, The Rise and Fall of Freedom of Contract Charles Fried, Contract as Promise

Selecting Default Rules Richard Craswell, Contract Law, Default Rules, and the Philosophy of Promising Ian Ayres and Robert Gertner, Filling Gaps in Incomplete Contracts

Distributional Concerns Richard Craswell, Passing On the Costs of Legal Rules

Remedies for Breach

Expectation Damages. Robert Cooter and Thomas Ulen, Law and Economics Daniel Friedmann

The Efficient Breach Fallacy Richard Craswell, Contract Remedies, Renegotiation, and the Theory of Efficient Breach

Limits on the Expectation Measure

Mitigation and Reliance by the Promisee

The Mitigation Principle Robert Cooter, Unity in Tort, Contract, and Property

Consequential Damages

Beyond Foreseeability: Consequential Damages in the Law of Contract

Contract Damages and Cross-Subsidization Lucian Ayre Bebchuk and Steven Shavell, Information and the Scope of Liability for Breach of Contract

Subjective Losses Timothy J. Muris, Cost of Completion or Diminution in Market Value Alan Schwartz, Proposals for Products Liability Reform

Alternatives to Expectation Damages

Specific Performance Alan Schwartz, The Case for Specific Performance

Liquidated Damages

Liquidated Damages, Penalties and the Just Compensation Principle

Efficiency Implications of Penalties and Liquidated Damages

Rescission and Restitution

The Mitigation Principle Eric G. Anderson, Good Faith in the Enforcement of Contracts

Punitive Damages Bruce Chapman and Michael Trebilcock, Punitive Damages: Divergence in Search of a Rationale

Defining the Performance Obligation

Implied Excuses

Impracticability, Frustration and Mistake

Impossibility and Related Doctrines in Contract Law Charles Fried

Contract as Promise Andrew Kull, Mistake, Frustration, and the Windfall Principle of Contract Remedies Alan Schwartz, Relational Contracts in the Courts

Nondisclosure and Unilateral Mistake Anthony T. Kronman, Mistake, Disclosure, Information, and the Law of Contracts Kim Lane Scheppele, Legal Secrets

Implied Warranties

A Theory of the Consumer Product Warranty

Relational Contracts

Marketing and Supply Contracts

Principles of Relational Contracts Alan Schwartz, Relational Contracts in the Courts Ian Macneil

Economic Analysis of Contractual Relations

Termination Decisions Benjamin Klein, Transaction Cost Determinants of "Unfair"

Contractual Arrangements Gillian Hadfield, Problematic Relations: Franchising and the Law of Incomplete Contracts

Modification by the Parties

Michael Trebilcock and Michael Penny, The Law of Contract Modification

Contract Formation

Bases for Enforcement

Consideration Melvin Aron Eisenberg, The Principles of Consideration

Reliance Jay M. Feinman, Promissory Estoppel and Judicial Method

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