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Contracts

ISBN-10: 0199740186
ISBN-13: 9780199740185
Edition: 2010
Authors: Randy E. Barnett
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Description: Written by the leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued  More...

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Book details

List price: $20.95
Copyright year: 2010
Publisher: Oxford University Press, Incorporated
Publication date: 4/21/2010
Binding: Paperback
Pages: 284
Size: 5.50" wide x 7.75" long x 0.50" tall
Weight: 0.418

Written by the leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued existence. An engaging book that allows students to grasp the "big picture" of contract law, it is organized around the principle that lies at the heart of contracts: consent. Beginning with the premise of "consent," the book provides a cohesive framework in which to understand the various aspects of contract law.

Randy E. Barnett attended Northwestern University where he studied philosophy. He received his J.D. from Harvard University and worked as a prosecutor for several years. Barnett then turned to teaching and is currently the Austin B. Fletcher Professor of Law at Boston University Law School. Barnett has written frequently on law topics ranging from criminal law to constitutional rights and the role of consent in contract law. The Structure of Liberty: Justice and the Rule of Law, The Function of Restitutive Justice, and The Rights Retained by the People: The History and Meaning of the Ninth Amendment are some of his important works.

Introduction
A Short History of Contract Law
The Common Law Writ System
The Writs of Debt, Detinue, and Covenant
The Rise of Assumpsit
The Doctrinal Implications of this Story
Law and Equity
The Enforcement of Contracts
Why Read about Contract Remedies Before Contract Formation?
Money Damages: The Presumptive Form of Remedy for Breach of Contract
Money Damages
Measures of Money Damages
The Expectation Measure of Contract Damages
Why Favor the Expectation Measure?
The Concept of Efficient Breach
How to Compute the Expectation Measure
Subjective Cost and Money Damages
Measuring Damages by Cost of Completion or Diminution in Value
Three Limitations on Contract Damages
Remoteness or Foreseeability of Harm
Certainty of Harm
Avoidability of Loss
Specific Performance
Contracts for Land
Contracts for Goods
Contracts for Personal Services
Mutual Assent
The Objective Theory of Assent
Reaching an Agreement
Offers versus Preliminary Negotiations
Offers versus Jests
Bilateral versus Unilateral Contracts
Interpreting the Agreement
Resolving Ambiguity
Resolving Vagueness
The Hierarchy of Evidence of Meaning
Filling Genuine Gaps in the Agreement
Agreements with Open Terms
Illusory Promises
Form Contracts
Form Contracts and the Modern Objective Approach
Todd Rakoff's Defense and Critique of Form Contracts
The Consensual Basis for Enforcing Form Contracts
Limits on Enforcing Form Contracts
UCC Section 2-207 and the Battle of the Forms
Enforceability
The Social Function of Consent
Using Resources: The First-Order Problem of Knowledge
Two Problems of Interest
Protecting Reliance: From Subjective to Objective Consent
The Doctrine of Consideration
The Origins of the Doctrine of Consideration
The Bargain Theory of Consideration
Distinguishing Bargained-For Exchanges from Conditioned Gifts
Preexisting Duties
The Use of Formalities
The Doctrine of Promissory Estoppel
Section 90 of the First and Second Restatements
Grant Gilmore and the Death (and Rebirth) of Contract
Promissory Estoppel as Contract: Consent to be Legally Bound
Promissory Estoppel as Tort: Promissory Misrepresentation
An Alternative to Section 90
Performance and Breach
The Duty of Good Faith Performance
The Concept of the Duty of Good Faith Performance
The Summers-Burton Debate
Recapturing Forgone Opportunities
Anticipatory Repudiation and Material Breach
Defenses to Contractual Obligation
Rebutting the Prima Facie Case of Contract
Lack of Contractual Capacity
Deficiencies in Adult Contractual Capacity
Infancy
Obtaining Consent by Improper Means
Why Are Some Means of Obtaining Consent Improper?
Misrepresentation
Economic Duress
Undue Influence
Unconscionability
The Failure of a Basic Assumption
Tacit Assumptions and the Scope of Consent
Unilateral Mistake and Misrepresentation
Index

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