An Introduction to the Law of Contracts

An Introduction to the Law of Contracts

Author: Martin A. Frey

Publisher: Delmar Thomson Learning

Published: 2000

Total Pages: 568

ISBN-13: 9780766810235

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The third edition of this well-respected text presents a road-map approach for thinking about contracts problems. Steps in the road map include choice of law, contract formation, unenforceable contracts, breach of contract, and plaintiff's remedies. The rules of the law are presented first as theory, followed by and example and either a paralegal exercises or a case so that students can relate the abstract to a concrete set of facts. The text also teaches students how to analyze a contracts problem using common law and a code approach (articles 1 and 2 of the UCC).


Rethinking the Law of Contract Damages

Rethinking the Law of Contract Damages

Author: Victor P. Goldberg

Publisher: Edward Elgar Publishing

Published: 2019-12-27

Total Pages: 279

ISBN-13: 1789902517

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In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.


Justice in Transactions

Justice in Transactions

Author: Peter Benson

Publisher: Belknap Press

Published: 2019-12-17

Total Pages: 625

ISBN-13: 0674237595

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“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.


Foundational Principles of Contract Law

Foundational Principles of Contract Law

Author: Melvin A. Eisenberg

Publisher: Oxford University Press

Published: 2018-09-20

Total Pages: 905

ISBN-13: 0199875677

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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.