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