9780735551671

Perspectives On Contract Law

by
  • ISBN13:

    9780735551671

  • ISBN10:

    0735551677

  • Edition: 3rd
  • Format: Paperback
  • Copyright: 2005-02-01
  • Publisher: Wolters Kluwer

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

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Supplemental Materials

What is included with this book?

Summary

To expose your students to how engaging contracts scholarshipiquest;both classic and contemporaryiquest;addresses the practical problems raised by traditional cases and doctrine, add this extensively revised anthology to your teaching materials. PERSPECTIVES ON CONTRACT LAW, Third Edition, nicely complements any casebook, but integrates seamlessly with the authoriquest;s popular CONTRACTS: CASES AND DOCTRINE, Third Edition. Discover the many strengths of this accessible paperback: authorship by a professor who has taught contracts at a variety of law schools and understands differing student needs more complete excerpts than are possible in a casebook, but still concise enough to be manageable for students logical, modular organization that allows the book to be used easily with any contracts coursebook articles selected for diversity to represent a variety of contract theorists and approaches iquest; both classics and more recent writings accessibility; articles are selected and edited with the first-year law student in mind to encourage an understanding of the bridge between theory and practice original introductory text frames the topic of each chapter and introduces the authors of the works to follow short, one-paragraph iquest;Study Guidesiquest; before each article suggest the themes explored in the readings to stimulate independent thought and enrich student engagement This completely updated Third Edition offers: new scholarship on e-commerce and assent new coverage of mutual mistake and formal contracting updated Study Guides

Table of Contents

Preface xvii
Acknowledgments xxi
I ENFORCING PRIVATE AGREEMENTS 1(90)
1 HOW SHOULD DAMAGES FOR BREACH OF CONTRACT BE MEASURED?
3(44)
THE RELIANCE INTEREST IN CONTRACT DAMAGES
5(17)
Lon L. Fuller and William R. Perdue, Jr.
THE PHANTOM RELIANCE INTEREST IN CONTRACT DAMAGES
22(15)
Michael B. Kelly
BEYOND FULLER AND PERDUE?
37(10)
Richard Craswell
2 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 Friedmann
3 WHEN SHOULD COURTS ORDER SPECIFIC PERFORMANCE?
59(32)
A. EFFICIENCY CONCERNS
60(9)
SPECIFIC PERFORMANCE
60(2)
Richard A. Posner
THE CASE FOR SPECIFIC PERFORMANCE
62(7)
Alan Schwartz
B. MORAL CONCERNS
69(24)
CONTRACT REMEDIES AND INALIENABLE RIGHTS
70(11)
Randy E. Barnett
LIBERTY AND CONTRACTUAL EMPOWERMENT
81(13)
Christopher T. Wonnell
II MUTUAL ASSENT 91(92)
4 IS THERE A DUTY TO NEGOTIATE A CONTRACT IN GOOD FAITH?
93(16)
ENFORCING THE CONTRACT TO BARGAIN
94(15)
Charles L. Knapp
5 DOES A PROMISE DIFFER FROM AN OFFER?
109(18)
ON THE NATURE OF OFFER, ACCEPTANCE, AND PROMISE
110(17)
Peter Meijes Tiersma
6 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
7 SHOULD FORM CONTRACTS BE ENFORCED?
141(42)
CONTRACTS OF ADHESION: AN ESSAY IN RECONSTRUCTION
142(17)
Todd D. Rakoff
CONSENTING TO FORM CONTRACTS
159(13)
Randy E. Barnett
STANDARD-FORM CONTRACTING IN THE ELECTRONIC AGE
172(13)
Robert A. Hillman
Jeffrey J. Rachlinski
III ENFORCEABILITY 183(130)
8 WHICH COMMITMENTS SHOULD BE ENFORCED?
185(14)
THE BASIS OF CONTRACT
186(13)
Morris R. Cohen
9 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(11)
Duncan Kennedy
10 SHOULD THE "INTENTION TO CREATE LEGAL RELATIONS" BE A CRITERION OF ENFORCEABILITY?
231(2)
A CONSENT THEORY OF CONTRACT
233(12)
Randy E. Barnett
THE REGULATORY ROLE OF CONTRACT LAW
245(13)
Jean Braucher
11 SHOULD FORMAL CONTRACTS PLAY A ROLE IN CONTRACT LAW?
257(1)
THE DIFFERING MEANING OF CONTRACT FORMALITIES
258(3)
Patricia J. Williams
WHY NOMINAL CONSIDERATION SHOULD BE BINDING
261(12)
Joseph Siprut
12 IS THE DOCTRINE OF PROMISSORY ESTOPPEL ABOUT PROTECTING RELIANCE?
271(2)
THE PROMISSORY BASIS OF SECTION 90
273(16)
Edward Yorio and Steve Thel
THE LAST PROMISSORY ESTOPPEL ARTICLE
289(12)
Jay M. Feinman
THE FOUR EVOLUTIONARY STAGES OF PROMISSORY ESTOPPEL
301(15)
Eric Mills Holmes
IV PERFORMANCE AND BREACH 313(1)
13 WHAT CONSTITUTES GOOD FAITH PERFORMANCE?
315(36)
BREACH OF CONTRACT AND THE COMMON LAW DUTY TO PERFORM IN GOOD FAITH
316(12)
Steven J. Burton
THE GENERAL DUTY OF GOOD FAITH-ITS RECOGNITION AND CONCEPTUALIZATION
328(8)
Robert S. Summers
14 WHEN IS A BREACH MATERIAL?
335(1)
A NEW LOOK AT MATERIAL BREACH IN THE LAW OF CONTRACTS
336(18)
Eric G. Andersen
V DEFENSES TO CONTRACTUAL OBLIGATION 351(1)
15 WHEN SHOULD A COURT REFUSE TO ENFORCE A CONTRACT?
353
A. DURESS, UNDUE INFLUENCE, AND UNCONSCIONABILITY
354(26)
UNCONSCIONABILITY: A CRITICAL REAPPRAISAL
355(11)
Richard A. Epstein
THE BARGAIN PRINCIPLE AND ITS LIMITS
366(14)
Melvin Aron Eisenberg
B. MUTUAL MISTAKE
380(17)
MUTUAL MISTAKE: CONSIDERATION REINCARNATE
380(6)
Val D. Ricks
MISTAKE IN CONTRACT LAW
386(11)
Melvin A. Eisenberg
C. UNILATERAL MISTAKE AND THE DUTY TO DISCLOSE
397(11)
MISTAKE, DISCLOSURE, INFORMATION, AND THE LAW OF CONTRACTS
397(11)
Anthony T. Kronman
16 SHOULD COURTS ADJUST CONTRACT TERMS TO HANDLE CHANGED CIRCUMSTANCES?
407
CONTRACTS AS INSURANCE
408(7)
Richard A. Posner
COURT ADJUSTMENT OF LONG-TERM CONTRACTS
415(11)
Robert A. Hillman
RELATION-PRESERVING VS. END-GAME NORMS
426(5)
Lisa Bernstein
THE CASE FOR FORMALISM IN RELATIONAL CONTRACT
431(19)
Robert E. Scott
17 WHAT IS THE RELATIONAL THEORY OF CONTRACT?
449(1)
RELATIONAL CONTRACT THEORY IN CONTEXT
450(12)
Jay M. Feinman
WHY THERE IS NO LAW OF RELATIONAL CONTRACTS
462
Melvin A. Eisenberg

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