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With the appearance of the Tenth Edition, this book enters its sixth decade. Throughout its long history, this casebook has relied on classic cases to capture the fundamental principles of contract law, and this edition reinforces that tradition. This new edition preserves and builds upon the book's distinctive character, especially its use of canonical cases, its sensitivity to the history and evolution of doctrine, and its close attention to the legal consequences of breach. The newly added cases show how the basic principles of contract law continue to apply across a wide range of transactions. As before, this edition eschews any distinctive take on the law of contracts and thus allows each teacher using the book a broad range of choice on what to bring in to channel or expand classroom discussion. The most visible alteration in this edition is an expanded treatment of the important problem of contract interpretation A significant amount of new material has been added, but the length of the book remains about the same. This edition both covers recent developments and maintains a manageable length
Contracts: Cases, Discussion, and Problems, Fourth Edition is known for its strikingly clear, straightforward text that illuminates cases as well as concepts and theory. The book focuses on modern cases to expose students to contemporary contract law, but it also includes many important or iconic older cases. The cases are set in context by extensive author-written explanatory text. Insightful questions draw attention to difficult and crucial aspects of the law and prompt vigorous class discussion. Numerous problems, ranging from simple to complex, supplement cases and introduce topics taught most effectively through problems. The casebook’s traditional organization begins with formation and then corresponds to the sequence followed by the Restatement (2nd) of Contracts and treatises. Its concise, efficient presentation results in an optimum length for the course. Procedural issues are highlighted when presented by the cases and transactional issues such as drafting, client counseling, and negotiation are raised through the use of questions and small exercises throughout the text. Strengthening the text’s focus on contemporary methods of contracting, modern issues in standard contracts are explored along with contracts entered into electronically. International and comparative material offers alternative approaches for students to consider, such as those taken by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts.
Every legal system must decide how to distinguish between agreements that are enforceable and those that are not. Formal bargains in the marketplace and casual promises in a social setting mark the two extremes, but many hard cases lie between. When gaps are left in a contract, how should courts fill them? What does it mean to say that an agreement is legally enforceable? If someone breaks a legally enforceable contract, what consequences follow? For 150 years, legal scholars have debated whether a set of coherent principles provide answers to such basic questions. Oliver Wendell Holmes put forward the affirmative case, arguing that bargained-for consideration, expectation damages, and a handful of related ideas captured the essence of contract law. The work of the next several generations, culminating in Grant Gilmore’s The Death of Contract in 1974, took a contrary view. The coherence Holmes had tried to bring to the field was illusory. It was more sensible to see contracts as merely a species of civil obligation and resist the temptation to impose rigid and artificial rules. In Reconstructing Contracts, Douglas Baird takes stock of the current state of contract doctrine and in the process reinvigorates the classic framework of Anglo-American contract law. He shows that Holmes’s principles are fundamentally sound. Even if they lack that talismanic quality formerly ascribed to them, properly understood they continue to provide the best guide to contracts for a new generation of students, practitioners, and judges.
With the appearance of the Ninth Edition, this book begins its forty-ninth year. Throughout its long history, this casebook has relied on classic cases to capture the fundamental principles of contract law, and this edition reinforces this tradition.This new edition preserves and builds upon the book's distinctive character, especially its use of canonical cases, its sensitivity to the history and evolution of doctrine, and its close attention to the legal consequences of breach. As before, this edition eschews any distinctive take on the law of contracts and thus allows each teacher using the book a broad range of choice on what to bring in to channel or expand classroom discussion.The most visible alteration in this edition is a restructuring and reordering of some material both to underscore basic themes and put in clearer perspective the developments of the twentieth century.An effort has been made to deal with the "coverage" problem in an increasingly cro
Introduces students to the study of the common-law legal system and the application of legal principles to complex transactions. In addition, it exposes students to statutory analysis. An feature of this book is that Uniform Commercial Code principles are integrated with common-law rules throughout the book. Material also exposes students to the methods and theories of Code interpretation.
After defining the constitutional framework for administration, the casebook discusses related topics such as downsizing government, regulators' thirst for information and the Paperwork Reduction Act, Fourth and Fifth Amendment concerns, Freedom of Information Act, and the future of the administrative state. Author forum available at twen.com. A premium Teacher's Manual is available upon request for professors adopting this casebook.