9780735519626

Perspectives on Contract Law

by
  • ISBN13:

    9780735519626

  • ISBN10:

    0735519625

  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2001-05-01
  • Publisher: Wolters Kluwer

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Summary

Flexible enough to be used with any casebook, The Second Edition of this popular reader brings coherence and clarity to contract law Every element of this book strengthens student understanding: noted author Randy Barnett brings first-hand knowledge of what works in the classroom, As well as his recognized legal scholarship logical, modular organization makes sense to students and allows instructors to use any Contracts coursebook short, one-paragraph Study Guides focus on central themes and stimulate student thought What's included in the Second Edition? the author responds to user freedback in revising and updating the book Study Guides are refreshed and honed footnotes are reduced to keep the book manageable and concise Use the reader that supplies the background students need for a complete understanding of Contract Law - PERSPECTIVES ON CONTRACT LAW, Second Edition.

Table of Contents

Preface xix
Acknowledgments xxiii
I Enforcing Private Agreements 1(90)
How Should Damages for Breach of Contract Be Measured?
3(44)
The Reliance Interest in Contract Damages
5(17)
Lon L. Fuller
William R. Perdue, Jr.
The Phantom Reliance Interest in Contract Damages
22(15)
Michael B. Kelly
Beyond Fuller and Perdue?
37(10)
Richard Craswell
Are Some Breaches of Contract Efficient?
47(12)
Fundamental Principles of Contract Damages
48(4)
Richard A. Posner
The Efficient Breach Fallacy
52(7)
Daniel Friedman
When Should Courts Order Specific Performance?
59(32)
Efficiency Concerns
60(1)
Specific Performance
60(2)
Richard A. Posner
The Case for Specific Performance
62(8)
Alan Schwartz
Moral Concerns
69(1)
Contract Remedies and Inalienable Rights
70(11)
Randy E. Barnett
Liberty and Contractual Empowerment
81(10)
Christopher T. Wonnell
II Mutual Assent 91(92)
Does a Promise Differ From an Offer?
93(18)
On the Nature of Offer, Acceptance, and Promise
94(17)
Peter Meijes Tiersma
Is There a Duty to Negotiate a Contract in Good Faith?
111(16)
Enforcing the Contract to Bargain
112(15)
Charles L. Knapp
When Should Parol Evidence of Contracting Parties' Intentions Be Considered by a Court?
127(14)
``Meaning'' in the Law of Contracts
128(13)
E. Allan Farnsworth
How Should Courts Use Business Norms to Construe Written Terms?
141(16)
The Theory of Legally Unenforceable Agreements
142(15)
Lisa Bernstein
How Has Modern Technology Affected Mutual Assent?
157(26)
Autistic Contracts
158(25)
James J. White
III Enforceability 183(118)
Which Commitments Should be Enforced?
185(14)
The Basis of Contract
186(13)
Morris R. Cohen
Does the Doctrine of Consideration Have a Function?
199(32)
Consideration and Form
200(22)
Lon L. Fuller
The Ideological Subtext of ``Consideration and Form''
222(9)
Duncan Kennedy
Should the ``Intention to Create Legal Relations'' Be a Criterion of Enforceability?
231(26)
A Consent Theory of Contract
233(12)
Randy E. Barnett
The Regulatory Role of Contract Law
245(12)
Jean Braucher
Is the Doctrine of Promissory Estoppel About Protecting Reliance?
257(44)
The Promissory Basis of Section 90
259(16)
Edward Yorio
Steve Thel
The Last Promissory Estoppel Article
275(13)
Jay M. Feinman
The Four Evolutionary Stages of Promissory Estoppel
288(13)
Eric Mills Holmes
Performance and Breach 301(38)
What Constitutes Good Faith Performance?
303(20)
Breach of Contract and the Common Law Duty to Perform in Good Faith
304(12)
Steven J. Burton
The General Duty of Good Faith --- Its Recognition and Conceptualization
316(7)
Robert S. Summers
When Is a Breach Material?
323(16)
A New Look at Material Breach in the Law of Contracts
324(15)
Eric G. Andersen
V Defenses to Contractual Obligation 339(119)
When Should a Court Refuse to Enforce a Contract?
341(62)
Duress, Undue Influence, and Unconscionability
342(1)
Unconscionability: A Critical Reappraisal
343(11)
Richard A. Epstein
The Bargain Principle and its Limits
354(15)
Melvin Aron Eisenberg
Contracts of Adhesion
368(1)
Contracts of Adhesion: An Essay in Reconstruction
369(17)
Todd D. Rakoff
Unilateral Mistake and the Duty to Disclose
386(1)
Mistake, Disclosure, Information, and the Law of Contracts
386(9)
Anthony T. Kronman
The Duty to Disclose Information and the Liberal Conception of Fraud
395(8)
Randy E. Barnett
Should Courts Adjust Contract Terms to Handle Changed Circumstances?
403(42)
Contracts as Insurance
404(7)
Richard A. Posner
Court Adjustment of Long-Term Contracts
411(12)
Robert A. Hillman
Relation-Preserving vs. End-Game Norms
423(5)
Lisa Bernstein
The Case for Formalism in Relational Contract
428(17)
Robert E. Scott
What Is the Relational Theory of Contract?
445(13)
Relational Contract Theory in Context
446(12)
Jay M. Feinman
Why There is No Law of Relational Contracts
458
Melvin A. Eisenberg

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