Contract Law and Theory (2013) 5th Edition

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Download Contract Law and Theory (2013) 5th Edition written by Robert E. Scott, Jody S. Kraus in PDF format. This book is under the category Law and bearing the isbn/isbn13 number 076984894X/9780769848945. You may reffer the table below for additional details of the book.

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Specifications

book-author

Robert E. Scott, Jody S. Kraus

publisher

LexisNexis; 5th edition (June 3; 2013)

file-type

PDF

pages

1066 pages

language

English

asin

B00GDL1A0Y

isbn10

076984894X

isbn13

9780769848945


Book Description

Contract Law and Theory (2013) 5th Edition is a theoretical exploration of Contract Law has very practical implications. By focusing initially on theory; law students develop a framework for predicting and analyzing the outcome of contract disputes. Working from that framework; college students gain an understanding of the lawyer’s drafting and counseling functions so as to avoid future contract disputes. In order to meet their pedagogical objectives; the authors employ the following features and / or themes:

  • Overview chapter presents the issues; theory; methods; and basic doctrines of modern contract law; serving as both a framework for analysis as well as a preview of subsequent chapters.
  • Extensive Note sections encourage law students to integrate theory and doctrine in specific contexts.
  • Many chapters contain introductory essays that present some of the basic doctrines and theoretical approaches covered in the chapter. Additional essays within each chapter sharpen the focus on the particular doctrines discussed in each section.
  • Contract rules are evaluated using a functional approach so that students consider the underlying purposes and policy goals.

Additional information

book-author

Robert E. Scott, Jody S. Kraus

publisher

LexisNexis; 5th edition (June 3; 2013)

file-type

PDF

pages

1066 pages

language

English

asin

B00GDL1A0Y

isbn10

076984894X

isbn13

9780769848945

Table of contents


Table of contents :
Prefatory Material
Title Page
Copyright Page
Terms of Use
Dedication
Preface
Acknowledgments
Table of Contents
Chapter 1 AN OVERVIEW OF CONTRACT LAW
A. INTRODUCTION: THE PURPOSES OF CONTRACT LAW
B. THE SOURCES AND FUNCTIONS OF CONTRACT LAW
C. ENFORCING PROMISES
[1] What is a Promise?
[2] Indefinite Promises and Open Terms
[3] Which Promises Will Be Enforced?
[4] Limitations on Enforcement: Unconscionability
D. PERFORMANCE OF THE OBLIGATION
[1] Introduction to the Idiosyncratic Bargainer
[2] Allocating Risks
[3] Excuse for Nonperformance
E. REMEDIES FOR NONPERFORMANCE
[1] Introduction
[2] The Compensation Puzzle
[3] Specific Performance
[4] Limitations on Compensation
F. BIBLIOGRAPHY AND SUGGESTED READING
[1] The Functions of Contract Rules
[2] Enforcing Promises
[3] Performance of the Obligation
[4] Remedies for Nonperformance
Chapter 2 ENFORCING PROMISES
A. INTRODUCTION
B. THE CONSIDERATION DOCTRINE
[1] Bargain Versus Gift
[2] Adequacy of Consideration
C. PROMISSORY ESTOPPEL
[1] Introduction
[2] Charitable Subscriptions: Consideration or Reliance?
[3] Promises Made in Intrafamilial Contexts
[4] Promises Made in Employment Contexts
[5] Promises to Insure
D. THE MATERIAL BENEFIT RULE
E. BIBLIOGRAPHY AND SUGGESTED READING
[1] The Consideration Doctrine
[2] Promissory Estoppel
[3] Material Benefit Rule
Chapter 3 THE BARGAIN CONTEXT
A. INTRODUCTION
B. OFFER AND ACCEPTANCE
[1] Subjective and Objective Tests of Mutual Assent
[2] Offer
[3] Acceptance
[a] Methods of Acceptance
[b] Silence or Dominion as Acceptance
[c] The Mailbox Rule
[4] Revocation of Offers
[a] Revocation in General
[b] Irrevocable Offers
C. OFFER AND COUNTEROFFER
[1] Introduction
[2] When is an “Acceptance” a Counteroffer? The Common Law View
[a] The Mirror Image Rule
[b] The Last Shot Doctrine
[3] UCC Section 2-207
D. CONTRACT FORMATION IN THE INTERNET AGE
E. BIBLIOGRAPHY AND SUGGESTED READING
Chapter 4 CONTRACTUAL RELATIONSHIPS AND CONDUCT
A. AN INTRODUCTION TO RELATIONAL CONTRACTS
B. COPING WITH UNCERTAINTY: PRELIMINARY NEGOTIATIONS AND PRELIMINARY AGREEMENTS
[1] Preliminary Negotiations
[2] Indefinite Agreements
[3] Binding Preliminary Agreements
C. OUTPUT, REQUIREMENTS, AND EXCLUSIVE DEALINGS ARRANGEMENTS
[1] Output and Requirements Contracts
[2] Exclusive Dealings Contracts
[3] Reducing Conflicts of Interest by Contract
[a] Termination Clauses
[b] Covenants Not to Compete
D. MODIFICATION OF EXISTING AGREEMENTS
E. COLLABORATIVE CONTRACTING: THE BRAIDING OF FORMAL AND INFORMAL METHODS OF ENFORCEMENT
F. BIBLIOGRAPHY AND SUGGESTED READING
Chapter 5 REGULATING THE BARGAINING PROCESS
A. INTRODUCTION
B. DURESS
C. FRAUD
[1] Willful and Negligent Misrepresentation
[2] Duty to Read
[3] Concealment and Disclosure
D. CAPACITY TO CONTRACT
[1] Infancy
[2] Mental Illness
E. PUBLIC POLICY LIMITATIONS
[1] Illegality
[2] Immorality
F. UNCONSCIONABILITY
G. STATUTE OF FRAUDS
H. BIBLIOGRAPHY AND SUGGESTED READING
Chapter 6 IDENTIFYING AND INTERPRETING THE TERMS OF AN AGREEMENT
A. INTRODUCTION
[1] Identifying the Terms of an Agreement: The Common Law and the Code
[2] Interpreting the Terms of an Agreement: The Common Law and the Code
B. IDENTIFYING THE TERMS OF AGREEMENT
[1] The Common Law Parol Evidence Rule
[2] Merger Clauses
[3] The UCC Parol Evidence Rule
C. INTERPRETATION OF THE TERMS OF AN AGREEMENT
[1] Plain Meaning and Contextual Meaning in Common Law Interpretation
[2] Interpreting Ambiguous Contracts; The Importance of the Burden of Proof
[3] Interpretation in the UCC
D. BIBLIOGRAPHY AND SUGGESTED READING
Chapter 7 DEFINING THE TERMS OF PERFORMANCE
A. INTRODUCTION
B. CONDITIONS
[1] Implied Conditions
[a] Allocating the Risks of Performance
[b] Implied or Constructive Conditions of Exchange
[c] Divisibility
[2] Express Conditions
[a] Promises and Conditions
[b] Conditions Precedent and Conditions Subsequent
[c] Modification, Waiver, Election, and Estoppel of Conditions
C. PERFORMANCE STANDARDS
[1] Warranties
[a] Express Warranties
[b] Implied Warranties
[c] Warranty Disclaimers
[2] Measuring Compliance
[a] Substantial Performance
[b] Perfect Tender and Cure
D. BIBLIOGRAPHY AND SUGGESTED READING
[1] Conditions
[2] Performance Standards
Chapter 8 MISTAKE AND EXCUSE
A. INTRODUCTION
B. MISTAKEN BELIEFS ABOUT FACTS THAT EXIST AT THE TIME OF AGREEMENT
[1] Excuse Based on Mistake (Herein of “Unilateral” and “Mutual” Mistake)
[2] Mutual Mistake and Reformation
C. IMPOSSIBILITY AND COMMERCIAL IMPRACTICABILITY
[1] The Traditional Impossibility Doctrine: Agreements Concerning Particular Property, Goods, or Services
[2] The Modern Excuse of Commercial Impracticability
D. FRUSTRATION OF PURPOSE
E. BIBLIOGRAPHY AND SUGGESTED READING
Chapter 9 CONDUCT CONSTITUTING BREACH
A. INTRODUCTION
[1] The Ideal Allocation of Risk
[2] Obstacles to Ideal Risk Allocation: Evasion and Opportunism
[3] Defining the Conduct Constituting Breach
B. ANTICIPATORY BREACH
C. MEASURING DAMAGES FOR ANTICIPATORY REPUDIATION
D. INSECURITY AND THE RIGHT TO DEMAND ASSURANCES
E. INSTALLMENT CONTRACTS
F. BIBLIOGRAPHY AND SUGGESTED READING
Chapter 10 REMEDIES
A. THE BASIC STANDARDS
[1] Expectation Damages as a Substitute for Performance
[2] Measuring Expectancy: Cost of Completion or Diminution in Value
[3] Specific Performance
[4] Reliance Damages
[5] Restitution
[6] Punitive Damages
B. SPECIAL PROBLEMS IN MEASURING EXPECTANCY
[1] Lost Volume Sellers
[2] Damages as to Accepted Goods
C. LIMITATIONS ON COMPENSATION
[1] The Certainty Limitation
[2] Foreseeability
[3] Duty to Mitigate
[4] Liquidated Damages
D. BIBLIOGRAPHY AND SUGGESTED READING
Chapter 11 THIRD-PARTY RIGHTS
A. AN INTRODUCTION TO THIRD-PARTY BENEFICIARIES
B. INTENDED AND INCIDENTAL BENEFICIARIES
[1] The “Donee Beneficiary” Cases
[2] The “Creditor Beneficiary” Cases
C. SPECIAL APPLICATIONS
D. ASSIGNMENT AND DELEGATION
E. NOVATION
F. BIBLIOGRAPHY AND SUGGESTED READING
TABLE OF CASES
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
R
S
T
U
V
W
Y
Z
INDEX
A
B
C
D
E
F
I
L
M
N
O
P
R
S
T
U
W

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