Contracts: Cases and Materials

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LexisNexis, Jul 26, 2006 - Law - 864 pages
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This casebook is designed to meet the challenges of providing students with the most current and comprehensive analysis of modern contract law within the time constraints of the modern law school curricula. The Sixth Edition is a slimmer volume though its scope has not changed. In many ways it is more comprehensive than the last edition. While it includes the most current judicial and statutory developments, the enhanced use of problems interacting with text material allows students to gain a clear and sophisticated understanding of some of the more complex concepts in fewer classroom hours. Today's student is asked to assimilate all of the basic concepts to which students in the past have been exposed as well as a host of new developments. To meet these challenges, this edition includes problems and questions surrounded by text referring to case law and other authorities in a fashion that allows the student to pursue preparation as well as the classroom experience in a highly productive fashion.

Notwithstanding these innovations, the essential nature of the book has not changed. It is a casebook. New cases replacing cases in the prior edition demonstrate a high pedagogical value. The overriding purpose is to provide the student with the maximum opportunity to develop a comprehensive understanding of contract law in the 21st century that will be sufficient for long-term career success. Contract law will continue to evolve. It is important to provide the student with a vehicle promoting a sophisticated understanding of the subject in a fashion that will allow the student to assimilate future developments with justifiable confidence.

 

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Contents

Preface Acknowledgments Chapter 1 Introduction
10
THE UNIFORM COMMERCIAL CODEUNITED NATIONS
H AN INTRODUCTION TO THE VALIDATION PROCESS
The Agreement Process
B THE ANATOMY OF AGREEMENTSOFFER
TERMINATION OF POWER OF ACCEPTANCE
MAKING OFFERS IRREVOCABLE
E THE NATURE OF ACCEPTANCE
E INTERPRETATION
F MISTAKE
Abuse of the Bargaining Process
STANDARDIZED CONTRACTSTHE REASONABLE
FROM FRAUD TO UNCONSCIONABILITY
E DUTY TO DISCLOSE
G THE PERVASIVE GOOD FAITH REQUIREMENT
H AGREEMENTS AGAINST PUBLIC POLICYILLEGAL BARGAINS

F MANNER OF ACCEPTANCE
G THE DEVIANT ACCEPTANCETHE BATTLE OF
The Validation Process
7 Absence of DetrimentMutuality of ObligationIllusory PromisesRequirements Contracts
8 The Illusion of Illusory Promises
9 Requirement and Output Contracts
10 Exclusive Dealing
11 Voidable Promises and ConsiderationCapacity to Contract
12 The PreExisting Duty Rule
13 Modifications of the PreExisting Duty Rule
14 Disputed Claims Modifications Accord and Satisfaction
15 The Invalid Claim
PROMISSORY ESTOPPEL 1 The Absence of BargainedforExchangeAntecedents
2 Early Applications of Promissory EstoppelHand Versus Traynor
3 The Expansive Application of Promissory Estoppel
4 The Restatements Compared xxi a Similarities and Dissimilarities b Elimination of the Definite and Substantial Reliance Requirement
c Detrimental Reliance by Third Persons
5 Precontractual Reliance
6 Flexible RemedyReliance or Expectation
E PAST CONSIDERATIONMORAL OBLIGATION
1 Past Consideration 2 Moral Obligation
3 The Material Benefit Doctrine
4 Promises Uniformly Enforced through Moral Obligation
5 Promises to Pay Debts Discharged in Bankruptcy
Operative Expressions of Assent
B THE STATUTE OF FRAUDS 1 Origin of the Statute of FraudsRepeal of the English Statute
2 Suretyship Promises
3 Main Purpose Leading Object Exception
4 FourParty Indemnity
5 Marriage Agreements
6 Contracts for the Sale of Land a Contracts Versus Conveyances b Part Performance and Remedies
7 Contracts Not Performable within One Year From Formation
8 Contracts for the Sale of Goods UCC
9 Electronic Writings Records and Signatures
10 Estoppel and the Statute of Frauds
11 Admission That the Contract Was Made
12 Restitution XIXII 13 Effects of NoncompliancePleading the Statute
THE PAROL EVIDENCE RULE 1 The Basic Concept
2 The Application of the Rule
3 The UCC Parol Evidence RuleTrade Usage Prior Dealings
4 CISG and the Parol Evidence Rule
5 Reformation and the Parol Evidence Rule
6 Condition Precedent Fraud and the Parol Evidence Rule
SUBSEQUENT MODIFICATIONSUCC SECTION 2209
1 Public Policy in LegislationRegulatory vs Nonregulatory
2 Contracts in Restraint of Trade
3 Marriage Contracts
4 Wagering
5 Partial Illegality 6 Post Formation Legality
Conditions Breach and Reputation
1 Promissory Condition
2 InterpretationPromise or Condition
3 Precedent Versus Subsequent ConditionOriginal Formula
4 Precedent Versus Subsequent ConditionRestatement Second of Contracts Analysis
5 Condition of Personal Satisfaction
6 Express Implied and Constructive Condition Distinguished 7 Constructive Conditions
B DIVISIBLE SEVERABLE VERSUS ENTIRE CONTRACTS
UCCINSTALLMENT CONTRACTS D BREACH 1 Materiality of Breach a Restatement First of Contracts
b Restatement Second of Contracts
2 Substantial Performance and Material Breach
3 Substantial Performance and Express Conditions
4 The Wilful Preclusion
E REPUDIATION
F EXCUSED CONDITIONSPREVENTION HINDRANCE
Impossibility Impracticability and Frustration of Purpose
B COMMERCIAL IMPRACTICABILITY
DISTINGUISHING MUTUAL MISTAKEEQUITABLE
F FRUSTRATION OF PURPOSE
Remedies
THE EXPECTATION INTEREST AND ITS LIMITATIONS
THE RELIANCE AND RESTITUTION INTERESTS
E SPECIFIC PERFORMANCE
Third Party Beneficiaries
PUBLIC BENEFICIARIES
OWNERS AND SUBCONTRACTORSPAYMENT
E MORTGAGE AS SUMPTION
H PROMISEES RIGHT TO ENFORCE THE PROMISE
J THE CUMULATIVE NATURE OF THE BENEFICIARYS RIGHT
The Assignment of Rights and Delegation of Duties
E PARTIAL ASSIGNMENTS
G ACCOUNTS RECEIVABLE FINANCINGUCC
J PROHIBITION OF ASSIGNMENTSANTIASSIGNMENT
PRIORITY AMONG SUCCESSIVE ASSIGNEES
Table of Cases
Table of Citations
Index
Copyright

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