Foundational principles of contract law / Melvin A. Eisenberg.
2018
KF889.85 .E425 2018 (Mapit)
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Title
Foundational principles of contract law / Melvin A. Eisenberg.
Imprint
New York : Oxford University Press, 2018.
Description
xxxvii, 863 pages ; 26 cm.
Series
Oxford commentaries on American law.
Formatted Contents Note
Cover; Series; Foundational Principles of Contract Law; Copyright; Dedication; Summary Table of Contents; Detailed Table of Contents; About the Author; Acknowledgments; Part One Theories of Contract Law, Four Underlying Principles of Contract Law, and the Transformation of Contract Law from Classical to Modern; 1. The Objective and Coverage of this Book; Doctrinal and Social Propositions; Social and Critical Morality; Terminology; and the Tenor of the Footnote Apparatus; I. Objective and Coverage; A. Objective; B. Coverage; II. Terminology; A. Doctrinal Propositions
B. Social PropositionsC. Social and Critical Morality; D. Principles and Rules; E. Classical Contract Law; F. Williston; G. Corbin; H. Commodity; I. Expression; J. Pronouns; III. The Tenor of the Footnote Apparatus; 2. Theories of Contract Law; I. Formalist Theories; A. Creating New Exceptions; B. Reconstruing; C. Transformation; D. Overruling; E. The Status of Formalism; II. Interpretive Theories; III. Normative Theories; 3. Four Underlying Principles of Contract Law and the Foundational Contract-Law Standard; 4. The Transformation of Contract Law from Classical to Modern
Part Two The Enforceability of Promises5. Bargain Promises and the Bargain Principle; I. An Introduction to Bargain Promises; II. Structural Agreements; III. Three Doctrinal Exceptions to the Bargain Principle; A. The Legal-Duty Rule; 1. The Insignificant Hold-Up Issue; B. Surrender of or Forbearance to Assert a Claim That Turns Out to Be Invalid; C. The Doctrine of Mutuality and the Illusory-Promise Rule; 6. The Theory of Efficient Breach; I. The Overbidder Paradigm; II. The Factual Predicates of the Theory; A. Inefficiently Remaking Contracts
B. Inefficiently Providing Disincentives for PlanningC. Weakening the Contracting System; III. The Loss Paradigm; IV. Conclusion; Part Three Moral Elements in Contract Law; 7. The Unconscionability Principle; I. Introduction; II. The Role of Markets; III. The Role of Moral Fault; IV. Specific Unconscionability Norms; A. Distress; B. Price-Gouging; C. Transactional Incapacity; D. Unfair Persuasion; E. Unfair Surprise; F. Sales at Above-Market Prices and the Exploitation of Price-Ignorance; 1. One-Off Sellers; 2. Door-to-Door Sellers; 3. Extension of Credit; G. Substantive Unconscionability
H. Two Statutes8. Donative Promises; I. Simple Donative Promises; II. Formal Donative Promises-Promises under Seal; III. Promises Based on a Moral Obligation to Compensate for a Prior Benefit; IV. Promises to Give to Social-Service Institutions; V. The Role of Reliance; VI. Measuring Reliance Damages in a Donative-Promise Context; VII. The Life of Reliance; 9. The Duty to Rescue in Contract Law; I. The No-Duty Rule; II. Offer and Acceptance; A. Silence as Acceptance; B. Late Acceptance; C. Unilateral Contracts; III. Performance; A. The Duty to Warn a Party That It May Be about to Breach
B. Social PropositionsC. Social and Critical Morality; D. Principles and Rules; E. Classical Contract Law; F. Williston; G. Corbin; H. Commodity; I. Expression; J. Pronouns; III. The Tenor of the Footnote Apparatus; 2. Theories of Contract Law; I. Formalist Theories; A. Creating New Exceptions; B. Reconstruing; C. Transformation; D. Overruling; E. The Status of Formalism; II. Interpretive Theories; III. Normative Theories; 3. Four Underlying Principles of Contract Law and the Foundational Contract-Law Standard; 4. The Transformation of Contract Law from Classical to Modern
Part Two The Enforceability of Promises5. Bargain Promises and the Bargain Principle; I. An Introduction to Bargain Promises; II. Structural Agreements; III. Three Doctrinal Exceptions to the Bargain Principle; A. The Legal-Duty Rule; 1. The Insignificant Hold-Up Issue; B. Surrender of or Forbearance to Assert a Claim That Turns Out to Be Invalid; C. The Doctrine of Mutuality and the Illusory-Promise Rule; 6. The Theory of Efficient Breach; I. The Overbidder Paradigm; II. The Factual Predicates of the Theory; A. Inefficiently Remaking Contracts
B. Inefficiently Providing Disincentives for PlanningC. Weakening the Contracting System; III. The Loss Paradigm; IV. Conclusion; Part Three Moral Elements in Contract Law; 7. The Unconscionability Principle; I. Introduction; II. The Role of Markets; III. The Role of Moral Fault; IV. Specific Unconscionability Norms; A. Distress; B. Price-Gouging; C. Transactional Incapacity; D. Unfair Persuasion; E. Unfair Surprise; F. Sales at Above-Market Prices and the Exploitation of Price-Ignorance; 1. One-Off Sellers; 2. Door-to-Door Sellers; 3. Extension of Credit; G. Substantive Unconscionability
H. Two Statutes8. Donative Promises; I. Simple Donative Promises; II. Formal Donative Promises-Promises under Seal; III. Promises Based on a Moral Obligation to Compensate for a Prior Benefit; IV. Promises to Give to Social-Service Institutions; V. The Role of Reliance; VI. Measuring Reliance Damages in a Donative-Promise Context; VII. The Life of Reliance; 9. The Duty to Rescue in Contract Law; I. The No-Duty Rule; II. Offer and Acceptance; A. Silence as Acceptance; B. Late Acceptance; C. Unilateral Contracts; III. Performance; A. The Duty to Warn a Party That It May Be about to Breach
Summary
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. 0Professor 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.
Note
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. 0Professor 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.
Bibliography, etc. Note
Includes bibliographical references and index.
Call Number
KF889.85 .E425 2018
Language
English
ISBN
9780199731404 (hardback)
0199731403
0199731403
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