Basic Contract Law

, by Eisenberg, Melvin A.

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ISBN: 9780314238672 | 0314238670
Cover: Hardcover
Copyright: 7/1/2001

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Supplemental Materials

Acknowledgments

iii

Table of Cases

xxix

Table of Uniform Commercial Code Citations

xxxix

Table of Uniform Consumer Credit Code Citations

xli

Table of Citations to the Restatement of Contents

xliii

PART 1. WHAT PROMISES SHOULD THE LAW ENFORCE?-THE DOCTRINE OF CONSIDERATION

Donative Promises, Form, And Reliance

(40)

Simple Donative Promises

(7)

The Element of Form

(10)

The Element of Reliance

(23)

The Bargain Principle and Its Limits

(106)

The Bargain Principle

(16)

Unconscionability

(23)

The Problem of Mutuality

(24)

Performance of a Legal Duty as Consideration; Modification and Waiver of Contractual Duties

109

(43)

Past Consideration

152

(12)

The Limits of Contract

164

(30)

PART II. REMEDIES FOR BREACH OF CONTRACT

An Introduction to Contract Damages

194

(31)

The Expectation Measure

225

(98)

Damages For Breach of a Contract to Perform Services

225

(24)

Damages For Breach of a Contract for the Sale of Goods

249

(22)

Mitigation; Contracts for Employment

271

(15)

Foreseeability

286

(12)

Certainly

298

(10)

Liquidated Damages

308

(15)

Specific Performance

323

(17)

The Reliance and Restitution Measures

340

(22)

Reliance Damages in a Bargain Context

340

(6)

The Restitution Measure

346

(16)

PART III. ASSENT

An Introduction to Interpretation

362

(41)

Subjective and Objective Elements in the General Principles of Interpretation in Contract Law

362

(26)

Problems of Interpreting Purposive Language

388

(9)

The Role of Usage, Course of Dealing, and Course of Performance in Interpretation

397

(6)

The Mechanics of a Bargain (I)-Offer and Revocation

403

(41)

What Constitutes an Offer

403

(8)

Termination of the Offeree's Power of Acceptance: Lapse, Rejection, and Counter-Offer

411

(12)

Termination of the Offeree's Power of Acceptance: Revocation

423

(21)

The Mechanics of a Bargain (II)-Transacting at a Distance

444

(15)

The Mechanics of a Bargain (III)-Modes of Acceptance

459

(47)

Acceptance by Act

460

(9)

Subjective Acceptance

469

(4)

Acceptance by Conduct

473

(3)

The Effect of Using a Subcontractor's Bid

476

(10)

The Effect of Failing to Reject an Offer

486

(3)

Silence as Acceptance

489

(9)

Acceptance by Click

498

(5)

Acceptance by Electronic Agent

503

(3)

Implied-in-Law and Implied-in-Fact Contracts; Unilateral Contracts Revisited

506

(35)

Preliminary Negotiations, Indefiniteness, and the Duty to Bargain in Good Faith

541

(46)

The Parol Evidence Rule; Further Problems of Interpretation

587

(56)

The Parol Evidence Rule

587

(24)

The Use of Extrinsic Evidence to Aid in the Interpretation of a Written Text

611

(32)

PART IV. FORM CONTRACTS IN COMMERCIAL AND CONSUMER CONTEXTS

Contract Formation in a Form-Contract Setting

643

(29)

Interpretation and Unconscionability in a Form-Contract Setting

672

(22)

PART V. MISTAKE AND CHANGED CIRCUMSTANCES

Mistake

694

(46)

Misunderstanding

694

(1)

Mutual Mistake

694

(21)

Unilateral Mistake

715

(8)

Nondisclosure

723

(11)

Mistakes in Transcription; Reformation

734

(6)

The Effect of Changed Circumstances

740

(54)

PART VI. PROBLEMS INVOLVING PERSONS OTHER THAN THE PARTIES TO THE ORIGINAL CONTRACT

Third-Party Beneficiaries

794

(40)

Assignment and Negotiation

834

(34)

Introduction

834

(6)

Assignability of Rights and Delegability of Duties

840

(16)

Financing Through the Assignment of Claims

856

(3)

Defenses of the Obligor Against the Assignee in a Commercial Context

859

(1)

Negotiation; Defenses in the Consumer Context

860

(8)

PART VII. PROBLEMS OF PERFORMANCE

The Obligation to Perform in Good Faith

868

(34)

The Doctrine of Substantial Performance

902

(18)

The General Principle

902

(8)

Contracts for the Sale of Goods

910

(10)

Express Conditions

920

(43)

Introduction

920

(1)

The Distinctions Between the Operation of a Promise and the Operation of a Condition

921

(7)

Conditions Precedent and Conditions Subsequent

928

(3)

Problems of Interpretation in Distinguishing Between Conditions and Promises

931

(5)

Conditions of Cooperation; Prevention; the Implication of a Promise From an Express Condition

936

(4)

Conditions of Satisfaction

940

(8)

Conditions of Payment

948

(4)

Excuse

952

(11)

Breach and Response

963

(22)

The Order of Performance

965

(2)

Ability to Perform

967

(3)

Material Breach: Failure of Performance by One Party as an Excuse for Nonperformance by the Other

970

(15)

Anticipatory Breach, Prospective Inability to Perform, and Adequate Assurance of Performance

985

(32)

Anticipatory Breach

985

(17)

Prospective Inability to Perform and Adequate Assurance of Performance

1002

(15)

Appendix A. The Statute of Frauds

1017

(46)

1. Introduction

1017

(1)

2. The Text of the Original Statute

1018

(1)

3. The Purpose of the Statute

1019

(1)

4. How it Was Decided What Kinds of Contracts Should be Required to be in Writing

1020

(2)

5. American Variations on the English Theme

1022

(1)

6. Judicial Interpretations of the Various Subsections of the Act-Introduction

1023

(1)

7. Contracts for the Sale of an Interest in Land ( 4(4))

1023

(1)

8. Contracts for the Sale of Goods

1024

(4)

9. Two Other Formal Requirements in the Uniform Commercial Code

1028

(1)

10. Agreements not to be Performed Within One Year From the Making Thereof ( 4(5))

1029

(3)

11. The Suretyship Section ( 4(2))-Generally

1032

(1)

12. The Suretyship Section Continued-``The Main Purpose Rule''

1033

(2)

13. The Suretyship Section Continued-Miscellaneous Problems

1035

(1)

14. Promises Made by Executors and Administrators ( 4(1))

1036

(1)

15. Contracts upon Consideration of Marriage ( 4(3))

1036

(1)

16. What Kind of Memorandum Will Satisfy the Statute

1037

(4)

17. Electronic Contracting and the Statute of Frauds

1041

(3)

18. The Effect of Part Performance of, or Reliance Upon, An Oral Contract Within the Statute-Introduction

1044

(1)

19. The Restitution of Benefits Conferred Under the Oral Agreement

1045

(2)

20. Reimbursement for Reliance on the Oral Contract

1047

(2)

21. The Right to the ``Value of The Bargain'' Where There has Been Part Performance of, or Reliance Upon, the Oral Contract

1049

(4)

22. The Effect of Non-Compliance-Legal Consequences of the Unenforceable Agreement

1053

(2)

23. Oral Rescission

1055

(1)

24. Oral Modifications

1056

(1)

25. Interaction of the Statute of Frauds with the Parol Evidence Rule and the Remedy of Reformation

1057

(2)

26. Pleading and Procedural Problems in Connection with the Statute

1059

(1)

27. A Glance Backward and Ahead

1060

(3)

Appendix B. A Note on the History of Contract in the Common

1063

(8)

Appendix C. Incidents of the Seal

1071

(2)

Appendix D. History of the Assignability of Choses in Action

1073

(6)

Index

1079

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