Contents include: the meaning of “contract” and the basic attributes of the contractual relationship; facets of contract law and the source of its rules, processes, and traditions; the objective test and common law offer and acceptance; options and firm offers; offer and acceptance under the UCC, and the “battle of the forms;” consideration; promissory estoppel as the basis for enforcing promises; restitution: unjust enrichment and “moral obligation;” interpretation and construction: resolving meaning and dealing with uncertainty in agreements; Statute of Frauds; the parol evidence rule; the judicial regulation of improper bargaining and of violation of law and public policy; incapacity; mistake, impracticability, and frustration of purpose; conditions and promises; breach and repudiation; remedies for breach of contract; and, assignment, delegation, and third-party beneficiaries. Each discussion of the topic is followed by examples for the reader to work through along with explanations of the examples.
Chirelstein, Marvin A., Concepts and Case Analysis in the Law of Contracts (5th ed. 2006). Reserve, KF801 .C44 2006
Published as part of the Foundation Press’s Concepts and Insights series, this primer covers consideration and the bargained-for-exchange, contract formation, unfairness and unconscionability, contract interpretation, performance and breach, mistake and impossibility, remedies, and third-party beneficiaries.
Contents include: consideration; promissory estoppel: detrimental reliance; process of obtaining mutual assent-creating an agreement; interpretation and construction of contracts; the Statute of Frauds; modification of contracts; warranties; conditions and the order of performance; substantial performance and material breach; contract defenses; excuse: mistake and change of circumstances; remedies: expectation damages; reliance and restitution; agreed and equitable remedies; third-party beneficiaries; assignment of rights and delegation of duties.
Published as part of the West/Thomson Reuters Concise Hornbook series, the author addresses bargain theory for enforcing promises, Statute of Frauds, remedies, policing contracts, the parol evidence rule and contract interpretation, conditions and breach, grounds for excusing performance, and third parties.
Topics in the hornbook are: offer and acceptance; parol evidence and interpretation; consideration; informal contracts without consideration or injurious reliance; promissory estoppel as a substitute for consideration; contracts under seal; capacity of parties; avoidance or reformation for misconduct or mistake; conditions, performance and breach; anticipatory breach and prospective non-performance; impracticability and frustration; damages; restitution as a remedy for breach; specific performance and injunctions; third party beneficiaries; assignment and delegation; Statute of Frauds; joint and several contracts; discharge of contracts; and, illegal bargains.
Rohwer, Claude D. and Anthony M. Skrocki, Contracts in a Nutshell (6th ed. 2006). Reserve, KF801.Z9 R62 2006
The Nutshell provides an overview of contracts formation and interpretation, Statute of Frauds, defenses, events that excuse performance, contract modification, performance, remedies, restitution, third-party beneficiaries, assignment of rights and delegation of duties, and discharge.
The Restatements
Restatement of the Law Second, Contracts 2d. (1981-). Reserve and Stacks, KF395 .A2 C67
Electronic Study Aid: CALI
To view an annotated listing of the CALI lessons available for contracts, select “Contracts” under the heading “CALI Topics.”
