did-you-know? rent-now

Amazon no longer offers textbook rentals. We do!

did-you-know? rent-now

Amazon no longer offers textbook rentals. We do!

We're the #1 textbook rental company. Let us show you why.

9780199740185

The Oxford Introductions to U.S. Law Contracts

by
  • ISBN13:

    9780199740185

  • ISBN10:

    0199740186

  • Format: Paperback
  • Copyright: 2010-04-21
  • Publisher: Oxford University Press

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

Purchase Benefits

  • Free Shipping Icon Free Shipping On Orders Over $35!
    Your order must be $35 or more to qualify for free economy shipping. Bulk sales, PO's, Marketplace items, eBooks and apparel do not qualify for this offer.
  • eCampus.com Logo Get Rewarded for Ordering Your Textbooks! Enroll Now
List Price: $30.92 Save up to $9.71
  • Rent Book $23.19
    Add to Cart Free Shipping Icon Free Shipping

    TERM
    PRICE
    DUE
    USUALLY SHIPS IN 3-5 BUSINESS DAYS
    *This item is part of an exclusive publisher rental program and requires an additional convenience fee. This fee will be reflected in the shopping cart.

Supplemental Materials

What is included with this book?

Summary

Written by the leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued existence. An engaging book that allows students to grasp the "big picture" of contract law, it is organized around the principle that lies at the heart of contracts: consent. Beginning with the premise of "consent," the book provides a cohesive framework in which to understand the various aspects of contract law.

Author Biography


Randy E. Barnett is the Carmack Waterhouse Professor of Legal Theory at Georgetown University Law Center. He has taught courses on contracts, constitutional law, torts, and cyber law, among other subjects at many prestigious schools, including Harvard and the University of Chicago. Professor Barnett is an expert in the field of contract law and has written many books and articles, including major contract publications for Aspen and Princeton University Press.

Table of Contents

Introductionp. xiii
A Short History of Contract Lawp. 1
The Common Law Writ Systemp. 1
The Writs of Debt, Detinue, and Covenantp. 2
The Rise of Assumpsitp. 4
The Doctrinal Implications of this Storyp. 6
Law and Equityp. 7
The Enforcement of Contractsp. 11
Why Read about Contract Remedies Before Contract Formation?p. 11
Money Damages: The Presumptive Form of Remedy for Breach of Contractp. 12
Money Damagesp. 13
Measures of Money Damagesp. 13
The Expectation Measure of Contract Damagesp. 14
Why Favor the Expectation Measure?p. 17
The Concept of Efficient Breachp. 22
How to Compute the Expectation Measurep. 23
Subjective Cost and Money Damagesp. 26
Measuring Damages by Cost of Completion or Diminution in Valuep. 31
Three Limitations on Contract Damagesp. 37
Remoteness or Foreseeability of Harmp. 38
Certainty of Harmp. 48
Avoidability of Lossp. 53
Specific Performancep. 58
Contracts for Landp. 58
Contracts for Goodsp. 59
Contracts for Personal Servicesp. 62
Mutual Assentp. 67
The Objective Theory of Assentp. 68
Reaching an Agreementp. 75
Offers versus Preliminary Negotiationsp. 75
Offers versus Jestsp. 78
Bilateral versus Unilateral Contractsp. 79
Interpreting the Agreementp. 84
Resolving Ambiguityp. 86
Resolving Vaguenessp. 92
The Hierarchy of Evidence of Meaningp. 93
Filling Genuine Gaps in the Agreementp. 95
Agreements with Open Termsp. 96
Illusory Promisesp. 101
Form Contractsp. 103
Form Contracts and the Modern Objective Approachp. 104
Todd Rakoff's Defense and Critique of Form Contractsp. 105
The Consensual Basis for Enforcing Form Contractsp. 112
Limits on Enforcing Form Contractsp. 114
UCC Section 2-207 and the Battle of the Formsp. 122
Enforceabilityp. 127
The Social Function of Consentp. 128
Using Resources: The First-Order Problem of Knowledgep. 128
Two Problems of Interestp. 140
Protecting Reliance: From Subjective to Objective Consentp. 144
The Doctrine of Considerationp. 147
The Origins of the Doctrine of Considerationp. 148
The Bargain Theory of Considerationp. 150
Distinguishing Bargained-For Exchanges from Conditioned Giftsp. 156
Preexisting Dutiesp. 158
The Use of Formalitiesp. 161
The Doctrine of Promissory Estoppelp. 166
Section 90 of the First and Second Restatementsp. 166
Grant Gilmore and the Death (and Rebirth) of Contractp. 168
Promissory Estoppel as Contract: Consent to be Legally Boundp. 174
Promissory Estoppel as Tort: Promissory Misrepresentationp. 181
An Alternative to Section 90p. 186
Performance and Breachp. 189
The Duty of Good Faith Performancep. 190
The Concept of the Duty of Good Faith Performancep. 190
The Summers-Burton Debatep. 191
Recapturing Forgone Opportunitiesp. 194
Anticipatory Repudiation and Material Breachp. 199
Defenses to Contractual Obligationp. 209
Rebutting the Prima Facie Case of Contractp. 209
Lack of Contractual Capacityp. 213
Deficiencies in Adult Contractual Capacityp. 213
Infancyp. 216
Obtaining Consent by Improper Meansp. 218
Why Are Some Means of Obtaining Consent Improper?p. 218
Misrepresentationp. 220
Economic Duressp. 225
Undue Influencep. 228
Unconscionabilityp. 230
The Failure of a Basic Assumptionp. 233
Tacit Assumptions and the Scope of Consentp. 233
Unilateral Mistake and Misrepresentationp. 238
Indexp. 249
Table of Contents provided by Ingram. All Rights Reserved.

Supplemental Materials

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

Rewards Program