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Foundational principles of contract law / Melvin A. Eisenberg.

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Publisher's description: Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the bes...

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Bibliographic Details
Main Authors: Eisenberg, Melvin Aron (Author), Gergen, Mark P. (Author)
Format: Book
Language:English
Published: New York, NY : Oxford University Press, 2018.
Series:Oxford commentaries on American law.
Subjects:
Contracts > United States.
Contracts.
United States.
Table of Contents:
  • The objective and coverage of this book; doctrinal and social propositions; social and critical morality; terminology; and the tenor of the footnote apparatus
  • Theories of contract law
  • Four underlying principles of contract law and the foundational contract-law standard
  • The transformation of contract law from classical to modern
  • Bargain promises and the bargain principle
  • The theory of efficient breach
  • The unconscionability principle
  • Donative promises
  • The duty to rescue in contract law
  • The mitigation principle
  • Behavioral economics and contract law
  • The role of fault in contract law
  • The building blocks of formulas to measure expectation damages; the indifference principle
  • Formulas for measuring expectation damages for breach of contract for the sale of goods
  • Formulas for measuring expectation damages for breach of contract to provide services
  • Damages for a purchaser's breach of contract for the provision of an off-the-shelf commodity
  • The cover principle
  • The certainty principle
  • The principle of Hadley v. Baxendale
  • Other limitations on expectation damages : litigation costs, the time value of forgone gains, and the risk of the promisor's insolvency
  • The theory of overreliance
  • Critiques of the expectation measure, and alternative damage regimes
  • Liquidated damages
  • The specific-performance principle : actual and virtual specific performance
  • The role of restitution in contract law / with Mark Gergen
  • The disgorgement interest in contract law
  • The elements of a contract : expressions, implications, usages, course of dealing, course of performance, context and purpose
  • The general principle of contract interpretation
  • Objective and subjective elements of interpretation
  • Expression rules
  • Offers
  • Modes of acceptance
  • The termination of an offeree's power of acceptance
  • Prizes and rewards
  • Implied-in-law and implied-in-fact contracts
  • Incomplete contracts
  • Form contracts
  • The parol evidence rule
  • Introduction to mistake in contract law
  • Evaluative mistakes
  • Mechanical errors ("unilateral mistakes")
  • Mistranscriptions
  • Shared mistaken factual assumptions ("mutual mistakes")
  • Disclosure in contract law
  • The effects of unexpected circumstances : impossibility, impracticability, and frustration
  • Introduction to problems of performance
  • The order of performance; constructive conditions
  • The principle of anticipatory repudiation
  • The principle of adequate assurance of performance
  • Augmented sanctions : material breach, total breach, and opportunistic breach; cure; suspension and termination
  • The principle of substantial performance
  • The principle of good faith in contract law / with Mark Gergen
  • Express conditions
  • Relational contracts
  • Third-party beneficiaries
  • The statute of frauds
  • No-oral-modification clauses.

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