Perspectives on Contract Law (LB)

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Boston, MA 1995 Trade paperback New. Trade paperback (US). Glued binding. 416 p. Perspectives on Law Series. Audience: General/trade.

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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
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Editorial Reviews

Booknews
A reader for a first course in contract law, reprinting 36 classic and new essays on enforcing private agreements, mutual assent, enforceability, performance and breach, and defenses to contractual obligation. In many cases they present two or more perspectives on a particular issue. They were selected and edited to be accessible to average law students. The second edition has expanded the topics; no date is cited for the first. There is no index. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

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

Table of Contents

Preface xix
Acknowledgments xxiii
I Enforcing Private Agreements 1
1 How Should Damages for Breach of Contract Be Measured? 3
The Reliance Interest in Contract Damages 5
The Phantom Reliance Interest in Contract Damages 22
Beyond Fuller and Perdue? 37
2 Are Some Breaches of Contract Efficient? 47
Fundamental Principles of Contract Damages 48
The Efficient Breach Fallacy 52
3 When Should Courts Order Specific Performance? 59
A. Efficiency Concerns 60
Specific Performance 60
The Case for Specific Performance 62
B. Moral Concerns 69
Contract Remedies and Inalienable Rights 70
Liberty and Contractual Empowerment 81
II Mutual Assent 91
4 Does a Promise Differ from an Offer? 93
On the Nature of Offer, Acceptance, and Promise 94
5 Is There a Duty to Negotiate a Contract in Good Faith? 111
Enforcing the Contract to Bargain 112
6 When Should Parol Evidence of Contracting Parties' Intentions Be Considered by a Court? 127
"Meaning" in the Law of Contracts 128
7 How Should Courts Use Business Norms to Construe Written Terms? 141
The Theory of Legally Unenforceable Agreements 142
8 How Has Modern Technology Affected Mutual Assent? 157
Autistic Contracts 158
III Enforceability 183
9 Which Commitments Should Be Enforced? 185
The Basis of Contract 186
10 Does the Doctrine of Consideration Have a Function? 199
Consideration and Form 200
The Ideological Subtext of "Consideration and Form" 222
11 Should the "Intention to Create Legal Relations" Be a Criterion of Enforceability? 231
A Consent Theory of Contract 233
The Regulatory Role of Contract Law 245
12 Is the Doctrine of Promissory Estoppel About Protecting Reliance? 257
The Promissory Basis of Section 90 259
The Last Promissory Estoppel Article 275
The Four Evolutionary Stages of Promissory Estoppel 288
IV Performance and Breach 301
13 What Constitutes Good Faith Performance? 303
Breach of Contract and the Common Law Duty to Perform in Good Faith 304
The General Duty of Good Faith--Its Recognition and Conceptualization 316
14 When Is a Breach Material? 323
A New Look at Material Breach in the Law of Contracts 324
V Defenses to Contractual Obligation 339
15 When Should a Court Refuse to Enforce a Contract? 341
A. Duress, Undue Influence, and Unconscionability 342
Unconscionability: A Critical Reappraisal 343
The Bargain Principle and Its Limits 354
B. Contracts of Adhesion 368
Contracts of Adhesion: An Essay in Reconstruction 369
C. Unilateral Mistake and the Duty to Disclose 386
Mistake, Disclosure, Information, and the Law of Contracts 386
The Duty to Disclose Information and the Liberal Conception of Fraud 395
16 Should Courts Adjust Contract Terms to Handle Changed Circumstances? 403
Contracts as Insurance 404
Court Adjustment of Long-Term Contracts 411
Relation-Preserving Vs. End-Game Norms 423
The Case for Formalism in Relational Contract 428
17 What Is the Relational Theory of Contract? 445
Relational Contract Theory in Context 446
Why There is no Law of Relational Contracts 458
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