Perspectives on Contract Law (LB)

Perspectives on Contract Law (LB)

by Randy E. Barnett
     
 

ISBN-10: 0316081299

ISBN-13: 9780316081290

Pub. Date: 12/31/1995

Publisher: Wolters Kluwer Law & Business

To expose your students to how engaging contracts scholarship¿both classic and contemporary¿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 author's

Overview

To expose your students to how engaging contracts scholarship¿both classic and contemporary¿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 author'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 ¿ 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 'study Guides¿ 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

  • Product Details

    ISBN-13:
    9780316081290
    Publisher:
    Wolters Kluwer Law & Business
    Publication date:
    12/31/1995
    Series:
    Reader Series
    Pages:
    562

    Related Subjects

    Table of Contents

    Prefacexix
    Acknowledgmentsxxiii
    IEnforcing Private Agreements1
    1How Should Damages for Breach of Contract Be Measured?3
    The Reliance Interest in Contract Damages5
    The Phantom Reliance Interest in Contract Damages22
    Beyond Fuller and Perdue?37
    2Are Some Breaches of Contract Efficient?47
    Fundamental Principles of Contract Damages48
    The Efficient Breach Fallacy52
    3When Should Courts Order Specific Performance?59
    A.Efficiency Concerns60
    Specific Performance60
    The Case for Specific Performance62
    B.Moral Concerns69
    Contract Remedies and Inalienable Rights70
    Liberty and Contractual Empowerment81
    IIMutual Assent91
    4Does a Promise Differ from an Offer?93
    On the Nature of Offer, Acceptance, and Promise94
    5Is There a Duty to Negotiate a Contract in Good Faith?111
    Enforcing the Contract to Bargain112
    6When Should Parol Evidence of Contracting Parties' Intentions Be Considered by a Court?127
    "Meaning" in the Law of Contracts128
    7How Should Courts Use Business Norms to Construe Written Terms?141
    The Theory of Legally Unenforceable Agreements142
    8How Has Modern Technology Affected Mutual Assent?157
    Autistic Contracts158
    IIIEnforceability183
    9Which Commitments Should Be Enforced?185
    The Basis of Contract186
    10Does the Doctrine of Consideration Have a Function?199
    Consideration and Form200
    The Ideological Subtext of "Consideration and Form"222
    11Should the "Intention to Create Legal Relations" Be a Criterion of Enforceability?231
    A Consent Theory of Contract233
    The Regulatory Role of Contract Law245
    12Is the Doctrine of Promissory Estoppel About Protecting Reliance?257
    The Promissory Basis of Section 90259
    The Last Promissory Estoppel Article275
    The Four Evolutionary Stages of Promissory Estoppel288
    IVPerformance and Breach301
    13What Constitutes Good Faith Performance?303
    Breach of Contract and the Common Law Duty to Perform in Good Faith304
    The General Duty of Good Faith--Its Recognition and Conceptualization316
    14When Is a Breach Material?323
    A New Look at Material Breach in the Law of Contracts324
    VDefenses to Contractual Obligation339
    15When Should a Court Refuse to Enforce a Contract?341
    A.Duress, Undue Influence, and Unconscionability342
    Unconscionability: A Critical Reappraisal343
    The Bargain Principle and Its Limits354
    B.Contracts of Adhesion368
    Contracts of Adhesion: An Essay in Reconstruction369
    C.Unilateral Mistake and the Duty to Disclose386
    Mistake, Disclosure, Information, and the Law of Contracts386
    The Duty to Disclose Information and the Liberal Conception of Fraud395
    16Should Courts Adjust Contract Terms to Handle Changed Circumstances?403
    Contracts as Insurance404
    Court Adjustment of Long-Term Contracts411
    Relation-Preserving Vs. End-Game Norms423
    The Case for Formalism in Relational Contract428
    17What Is the Relational Theory of Contract?445
    Relational Contract Theory in Context446
    Why There is no Law of Relational Contracts458

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