Basic Contract Law / Edition 6

Basic Contract Law / Edition 6

by Melvin A. Eisenberg
     
 

The thoroughly updated and modernized Sixth Edition of this famous casebook is built on the spine of leading contracts cases, which are presented in a full-bodied way, with only limited editing of the facts. Text Notes are used selectively, so readers are provided with background discussions where an issue is better elaborated by notes than by case. There are… See more details below

Overview

The thoroughly updated and modernized Sixth Edition of this famous casebook is built on the spine of leading contracts cases, which are presented in a full-bodied way, with only limited editing of the facts. Text Notes are used selectively, so readers are provided with background discussions where an issue is better elaborated by notes than by case. There are copious cross-references to the UCC and the Restatement (Second) of Contracts. And, three important innovations have been made in the Sixth Edition: the addition of extensive cross references to the Convention for the International Sale of Goods and the Unidroit Principles of International Contracts Law, together with Text Notes concerning CISG and Unidroit; the inclusion of extensive cross-references to the Drafts of proposed new Articles 2 and 9 of the UCC; and the use of extensive Text Note Material on the effect of Electronic Data Interchange on contract law.

Product Details

ISBN-13:
9780314072078
Publisher:
West Group
Publication date:
06/28/1996
Series:
American Casebook Series
Edition description:
Older Edition
Pages:
1069
Product dimensions:
7.80(w) x 10.30(h) x 1.80(d)

Table of Contents

Preface
Acknowledgments
Table of Cases
Table of Uniform Commercial Code Citations
Table of Uniform Consumer Credit Code Citations
Table of Citations to the Restatement of Contracts
PART I WHAT PROMISES SHOULD THE LAW ENFORCE? -- THE DOCTRINE OF
CONSIDERATION
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
PART II REMEDIES FOR BREACH 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
PART III ASSENT
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
PART IV FORM CONTRACTS IN COMMERCIAL AND CONSUMER CONTEXTS
Chapter 17 Contract Formation in a Form-Contract Setting
Chapter 18 Interpretation and Unconscionability in a Form-Contract Setting
PART V MISTAKE AND CHANGED CIRCUMSTANCES
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
PART VI PROBLEMS INVOLVING PERSONS OTHER THAN THE PARTIES TO THE
ORIGINAL CONTRACT
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
PART VII PROBLEMS OF PERFORMANCE
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
APPENDICES INDEX

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