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Foundational Principles of Contract Law

Foundational Principles of Contract Law

  • 作者:
  • 出版商: Oxford University Press USA
  • ISBN: 9780199731404
  • 出版时间 November 2018
  • 规格: Hardback
  • 适应领域: U.S. ? 免责申明:
    Countri(es) stated herein are used as reference only

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  • 描述 
  • 大纲 
  • 详细

    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 best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules.

    Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.

  • About the Author
    Acknowledgments
    Part I. Theories of Contract Law, Four Underlying Principles of Contract Law, and the Transformation of Contract Law from Classical to Modern
    Chapter 1. The Objective and Coverage of This Book; Doctrinal and Social Propositions; Social and Critical Morality; Terminology; and the Tenor of the Footnote Apparatus
    Chapter 2. Theories of Contract Law
    Chapter 3. Four Underlying Principles of Contract Law and the Foundational Contract-Law Standard
    Chapter 4. The Transformation of Contract Law from Classical to Modern
    Part II. The Enforceability of Promises
    Chapter 5. Bargain Promises and the Bargain Principle
    Chapter 6. The Theory of Efficient Breach
    Part III: Moral Elements in Contract Law
    Chapter 7: The Unconscionability Principle
    Chapter 8. Donative Promises
    Chapter 9. The Duty to Rescue in Contract Law
    Chapter 10. The Mitigation Principle
    Part IV. Behavioral Psychology and Contract Law
    Chapter 11. Behavioral Psychology and Contract Law
    Part V. The Role of Fault in Contract Law
    Chapter 12. The Role of Fault in Contract Law
    Part VI. Expectation Damages
    Chapter 13. The Building Blocks of Formulas to Measure Expectation Damages
    Chapter 14. Formulas for Measuring Expectation Damages for Breach of a Contract for the Sale of Goods
    Chapter 15. Formulas for Measuring Expectation Damages for Breach of a Contract to Provide Services
    Chapter 16. Damages for a Purchaser's Breach of a Contract for the Provision of an Off-the-Shelf Commodity
    Chapter 17. The Cover Principle
    Chapter 18. The Certainty Principle
    Chapter 19. The Principle of Hadley v. Baxendale
    Chapter 20: Other Limitations on Expectation Damages: Litigation Costs, the Time Value of Forgone Gains, and the Risk of the Promisor's Insolvency
    Chapter 21. The Theory of Overreliance
    Chapter 22. Critiques of the Expectation Measure, and Alternative Damage Regimes
    Part VII. Liquidated Damages
    Chapter 23. Liquidated Damages
    Part VIII. Specific Performance
    Chapter 24. The Specific-Performance Principle: Actual and Virtual Specific Performance
    Part IX. The Role of Restitution in Contract Law
    Chapter 25. The Role of Restitution in Contract Law (with Mark Gergen)
    Part X. The Disgorgement Interest in Contract Law
    Chapter 26. The Disgorgement Interest in Contract Law
    Part XI. The Elements of a Contract
    Chapter 27. The Elements of a Contract: Expressions, Implications, Usages, Course of Dealing, Course of Performance, Context and Purpose
    Part XII. Interpretation in Contract Law
    Chapter 28. The General Principles of Contract Interpretation
    Chapter 29. Objective and Subjective Elements of Interpretation
    Chapter 30. Expression Rules
    Part XIII. Contract Formation
    Chapter 31. Offers
    Chapter 32. Modes of Acceptance
    Chapter 33. The Termination of an Offeree's Power of Acceptance
    Chapter 34. Prizes and Rewards
    Chapter 35. Implied-in-Law and Implied-in-Fact Contracts
    Chapter 36. Incomplete Contracts
    Part XIV. Form Contracts
    Chapter 37. Form Contracts
    Part XV. The Parol Evidence Rule
    Chapter 38. The Parol Evidence Rule
    Part XVI. Mistake, Disclosure, and Unexpected Circumstances
    Chapter 39. Introduction to Mistake in Contract Law
    Chapter 40. Evaluative Mistakes
    Chapter 41. Mechanical Errors ("Unilateral Mistakes")
    Chapter 42. Mistranscriptions
    Chapter 43. Shared Mistaken Factual Assumptions ("Mutual Mistakes")
    Chapter 44. Disclosure in Contract Law
    Chapter 45. Unexpected Circumstances: Impossibility, Impracticability, and Frustration
    Part XVII. Problems of Performance
    Chapter 46. Introduction to Problems of Performance
    Chapter 47. The Order of Performance: Constructive Conditions
    Chapter 48. The Principle of Anticipatory Repudiation
    Chapter 49. The Principle of Adequate Assurance of Performance
    Chapter 50. Augmented Sanctions: Material Breach, Total Breach, and Opportunistic Breach; Cure; Suspension and Termination
    Chapter 51. The Principle of Substantial Performance
    Part XVIII. The Principle of Good Faith in Contract Law
    Chapter 52. The Principle of Good Faith in Contract Law (with Mark Gergen)
    Part XIX. Express Conditions
    Chapter 53. Express Conditions
    Part XX. Relational Contracts
    Chapter 54. Relational Contracts
    Part XXI. Third-Party Beneficiaries
    Chapter 55. Third-Party Beneficiaries
    Part XXII. Requirements of a Writing
    Chapter 56. The Statute of Frauds
    Chapter 57. No-Oral-Modification Clauses
    Index

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