Perspectives On Contract Law

by Barnett, Randy E.

• ISBN13: 9780735551671
• ISBN10: 0735551677
• Edition: 3rd
• Format: Paperback
• Copyright: 2005-02-01
• Publisher: Wolters Kluwer

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