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Status:
Available4.3
35 reviews
ISBN 10: 0314288945
ISBN 13: 9780314288943
Author: Robert Hillman
This overview of contract law explains concepts clearly and concisely, in an informal, humorous style. For ease of reading and understanding, the book refrains from including complex textual footnotes. Instead, the footnotes cite cases, with most including short quotations to substantiate assertions made in the text. The book also contains numerous examples and illustrations. Cross references enable readers to review concepts that constitute building blocks for the current material.
Chapter 1. Introduction
A. Scope of This Book
B. Sources of Contract Law
C. Contract Lawyers’ Various Roles
D. Conclusion
Chapter 2. Bargain Theory for Enforcing Promises and the Requirement of an Agreement
A. The Bargain Theory of Consideration
1. Bargained-for Exchange versus Gift Promise
2. The Promisor’s Motive
3. What Must Be Extracted
4. Forbearance to Sue as Consideration
5. The Policies Behind Enforcing Bargained-for Exchanges
6. Adequacy of Consideration
7. Mutuality of Obligation and Illusory Promises
8. Preexisting Duty Doctrine and Accord and Satisfaction
9. Promise for Benefit Received
10. Summary
B. The Requirement of an Agreement
1. The Objective Test of Assent
2. Offer and Acceptance
3. The Offeror Has the Power to Prescribe the Terms of the Offer
4. Offers for Unilateral and Bilateral Contracts
5. Duration of Offers
6. Bargaining at a Distance
7. Limitations of Agreement Law
Chapter 3. Additional Theories for Enforcing Promises
A. Promissory Estoppel
1. Development of the Doctrine
2. Section 90 in the Second Restatement
3. Expansion of Promissory Estoppel
B. Unjust Enrichment
1. Unenforceable Agreements
2. Breach of an Enforceable Contract
3. Conferral of a Benefit in the Absence of a Contract
C. Warranties
1. Express Warranty
2. The Implied Warranty of Merchantability
3. The Implied Warranty of Fitness for a Particular Purpose
4. Disclaimers
5. Article 2 Amendments
6. Caveat
Chapter 4. The Statute of Frauds
A. Background
B. Does the Statute of Frauds Apply?
C. Does a Writing Satisfy the Statute of Frauds?
1. The Nature of the Writing
2. Who Must Sign
3. Electronic Contracts
D. Does an Exception to the Writing Requirement Apply?
E. Does Another Theory Apply?
Chapter 5. Remedies
A. Remedies for Breach of Contract
1. Expectancy Damages—Introduction
2. Methods of Measuring Expectancy Damages
3. Expectancy Damages—General Damages and Consequential Damages
4. Expectancy Damages in Various Contexts
5. Reliance Recoveries for Breach of Contract in lieu of Expectancy Damages
6. Liquidated Damages
7. Emotional Distress and Punitive Damages
8. Specific Performance
B. Remedies for Promissory Estoppel
1. Introduction
2. Judicial Decisions
C. Remedies for Unjust Enrichment
Chapter 6. Policing Contracts
A. Duress
B. Fraudulent and Other Misrepresentation, Fraudulent Concealment, and Tortious Breach of Contract
1. Innocent, Negligent, and Fraudulent Misrepresentation
2. Fraudulent Concealment
3. Tortious Breach of Contract
C. Public Policy
1. Exculpatory Clauses
2. Covenants Not to Compete
3. Illegal Contracts
D. Unconscionability
1. Procedural Unconscionability
2. Substantive Unconscionability
E. Special Problems of Standard Form Contracts
1. Paper Standard Forms
2. Rolling Contracts
3. Electronic Standard Forms
Chapter 7. The Parol Evidence Rule and Contract Interpretation
A. Parol Evidence Rule
1. Collateral Contract Exception
2. Ambiguity Exception
3. Proof of Fraud, Duress, or Mistake
4. Parol Evidence and Promissory Estoppel
5. UCC Section 2–202
6. Conclusion
B. Contract Interpretation
1. Objective Contract Interpretation
2. Exceptions to the Objective Interpretation of Contracts
3. Rules of Gap Filling
4. Good-Faith Performance
Chapter 8. Conditions and Breach
A. Terminology of Conditions and Breach
B. Express Conditions
1. Creation of an Express Condition
2. The Content of an Express Condition
3. Avoiding Express Conditions
4. Condition Subsequent
C. Implied Conditions
1. Order of Performance
2. Quality of Performance
D. Anticipatory Repudiation
Chapter 9. Grounds for Excusing Performance
A. Mistake
1. Mutual
2. Material
3. Mistake
B. Impossibility of Performance
1. Objective Impossibility
2. Subjective Impossibility
C. Impracticability of Performance
1. Impracticability
2. Basic Assumption
D. Frustration of Purpose
E. Remedies after a Finding of Excuse
1. Judicial Approach
2. Judicial Reformation after an Unanticipated Event
Chapter 10. Third Parties
A. Third-Party Beneficiaries
1. Introduction
2. Creditor Beneficiaries
3. Donee Beneficiaries
4. Restatement (Second) Approach
5. Defenses
6. Third Parties under the UCC
B. Assignment of Rights and Delegation of Duties
1. Introduction
2. Assignment of Rights
3. Delegation of Duties
INDEX
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