Basic Contract Law / Edition 8

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The Eighth Edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases, and a functionalist approach to the problems of contract law. The new edition includes a great number of new principal cases and case notes, as well as longer, analytical notes on such issues as the differences between classical and modern contract law, the role of the limits of cognition in contract law, and the role of probability in measuring uncertain contract damages. The emphasis of previous editions on international contract law continues in this new edition.
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Product Details

  • ISBN-13: 9780314159014
  • Publisher: West Academic Publishing
  • Publication date: 6/30/2006
  • Series: American Casebook Series
  • Edition description: Revised Concise Edition
  • Edition number: 8
  • Pages: 1102
  • Product dimensions: 7.50 (w) x 10.00 (h) x 1.70 (d)

Table of Contents

Table of Cases
Table of Uniform Commercial Code Citations
Table of Uniform Consumer Credit Code Citations
Table of Citations to the Restatement of Contracts
Chapter 1 An Introduction to Considerations: Donative Promises, Form, and Reliance
1. Simple Donative Promises
2. The Element of Form
3. The Element of Reliance
Chapter 2 The Bargain Principle and Its Limits
1. The Bargain Principle
2. Unconscionability
3. Forbearance to Bring Suit
4. The Problem of Mutuality
5. Performance of a Legal Duty as Consideration; Modification and Waiver of Contractual Duties
Chapter 3 Past Consideration (Including the Problem of "Moral Obligation" as Consideration for
a Promise).
Chapter 4 The Limits of Contract
Chapter 5 An Introduction to Contract Damages
Chapter 6 The Expectation Measure
1. Damages for Breach of a Contract to Perform Services
2. Damages for Breach of a Contract for the Sale of Goods
3. Mitigation: Contracts for Employment
4. Foreseeability
5. Certainty
6. Damages for Mental Distress
7. Liquidated Damages
Chapter 7 Specific Performance
Chapter 8 The Reliance and Restitution Measures
1. Reliance Damages in a Bargain Context
2. The Restitution Measure
Chapter 9 An Introduction to Interpretation
Chapter 10 The Mechanics of a Bargain (I) - Offer and Revocation
1. What Constitutes an Offer
2. Termination of the Officer's Power of Acceptance: Lapse, Rejection, and Counter-Offer
3. Termination of the Offeree's Power of Acceptance: Revocation
Chapter 11 The Mechanics of a Bargain (II) - Contracts Concluded by Correspondence
Chapter 12 The Mechanics of a Bargain (III) - Modes of Acceptance
Chapter 13 Implied-in-Law and Implied-in-Fact Contracts; Unilateral Contracts Revisited
Chapter 14 Preliminary Negotiations, Indefiniteness, and the Duty to Bargain in Good Faith
Chapter 15 The Parol-Evidence Rule; Further Problems of Interpretation
Chapter 16 The Roles of Trade Usage, Course of Performance, and Course of Dealing in
Determining the Content of and Agreement
Chapter 17 Contract Formation in a Form-Contract Setting
Chapter 18 Interpretation and Unconscionability in a Form-Contract Setting
Chapter 19 Mistake
1. Misunderstanding
2. Mutual Mistake
3. Unilateral Mistake
4. Nondisclosure
5. Mistakes in Transcription, Reformation
Chapter 20 The Effect of Changed Circumstances
Chapter 21 Third Party Beneficiaries
Chapter 22 Assignment and Negotiation
1. Introduction
2. Assignability of Rights and Delegability of Duties
3. Financing Through the Assignment of Claims
4. Defenses of the Obligor Against the Assignee in a Commercial Context
5. Negotiation: Defenses in the Consumer Context
Chapter 23 The Obligation to Perform in Good Faith
Chapter 24 The Doctrine of Substantial Performance
1. The General Principle
2. Contracts for the Sale of Goods
Chapter 25 Express Conditions
1. Introduction
2. The Distinctions Between The Operations of a Promise And the Operation of a Condition
3. Conditions Precedent and Conditions Subsequent
4. Problems of Interpretation in Distinguishing Between Conditions and Promises
5. Conditions of Cooperation: Prevention; The Implication of a Promise From an Express Condition
6. Conditions of Satisfaction
7. Conditions of Payment
8. Excuse
Chapter 26 Breach of Response
1. Mutual Dependency of Performances
2. Order of Performance and Ability to Perform
3. Material Breach: Failure of Performance by One Party as an Excuse for Nonperformance by the Other
Chapter 27 Anticipatory Repudiation, Prospective Inability to Perform, and Adequate Assurance
of Performance
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