Title: Problems in contract law : cases and materials /
Authors: Knapp, Charles L.; Crystal, Nathan M.; Prince, Harry G., 1953-; Crystal, Nathan M.,; Prince, Harry G., 1953-
Publisher: Wolters Kluwer Law & Business,
Year: 2012
Subjects: Contracts United States.; Contracts United States Cases.
Abstract: Adaptable for instructors with different teaching techniques, Problems in Contract Law: Cases and Materials can teach by traditional case analysis, through problem-based instruction, or using theoretical inquiry. The balanced blend of traditional and contemporary cases combine with cogent explanatory text to help students place cases in a larger legal context. A significant treatment of the CISG is offered. The Seventh Edition continues the previous edition's reflection on the complexity of current 21st century contract law with its varied strains and constant flux, going beyond earlier editions' emphasis on the historical progression from "classical" to "modern" contract law. Acknowledging the challenges increasingly exerted on the conventional contract law system over the past ten to fifteen years, the Seventh Edition explores new forms, such as electronic contracting. In addition, it considers the increased use of mandatory arbitration clauses in mass adhesion contracting (banks, communications providers, hospitals, for example). Even more flexibility is provided for instructors who prefer to reorder the chapters rather than teach them in a linear sequence.
Contents: An introduction to the study of contract law -- The basis of contractual obligation: mutual assent and consideration -- Liability in the absence of bargained-for exchange: promissory estoppel and restitution -- The statute of frauds -- The meaning of the agreement: principles of interpretation and the parol evidence rule -- Supplementing the agreement: implied terms, the obligation of good faith, and warranties -- Avoiding enforcement: incapacity, bargaining misconduct, unconscionability, and public policy -- Justification for nonperformance: mistake, changed circumstances, and contractual modifications -- Rights and duties of third parties -- Consequences of nonperformance: express conditions, material breach, and anticipatory repudiation -- Expectation damages: principles and limitations -- Alternatives to expectation damages: reliance and restitutionary damages, specific performance, and agreed remedies.