Perspectives on Contract Law, Second Edition

Overview

Flexible enough to be used with any casebook, the Second Edition of this popular reader brings coherence and clarity to contract law Every element of this book strengthens student understanding:

  • noted author Randy Barnett brings first-hand knowledge of what works in the classroom, as well as his recognized legal scholarship
  • logical, modular organization makes sense to students and allows instructors to use ...
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Overview

Flexible enough to be used with any casebook, the Second Edition of this popular reader brings coherence and clarity to contract law Every element of this book strengthens student understanding:

  • noted author Randy Barnett brings first-hand knowledge of what works in the classroom, as well as his recognized legal scholarship
  • logical, modular organization makes sense to students and allows instructors to use any Contracts coursebook
  • short, one-paragraph Study Guides focus on central themes and stimulate student thought What's included in the Second Edition?
  • the author responds to user freedback in revising and updating the book
  • Study Guides are refreshed and honed
  • footnotes are reduced to keep the book manageable and concise Use the reader that supplies the background students need for a complete understanding of Contract Law - PERSPECTIVES ON CONTRACT LAW, Second Edition.
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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: 9780735519626
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 5/28/2001
  • Edition description: Older Edition
  • Edition number: 2
  • Pages: 476
  • Product dimensions: 6.04 (w) x 9.00 (h) x 1.05 (d)

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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