Authors: Richard Craswell (Editor), Alan Schwartz
ISBN-13: 9781566629904, ISBN-10: 156662990X
Format: Paperback
Publisher: West Group
Date Published: January 1994
Edition: New Edition
University of Southern California
Yale University
The only completely up-to-date, broad-based reader in its field, this text brings together important legal studies and a wealth of materials by economists, historians, political scientists, and sociologists to illuminate the intellectual currents and social and political forces behind contemporary practices and procedures. Designed to complement any standard casebook, it will be an invaluable resource both for the required contracts course and for any upper-level contract theory course.
The Rise and Fall of Freedom of Contract | 4 | |
Contract as Promise | 9 | |
Contract Law, Default Rules, and the Philosophy of Promising | 16 | |
Filling Gaps in Incomplete Contracts | 22 | |
Passing on the Costs of Legal Rules | 30 | |
Law and Economics | 42 | |
The Efficient Breach Fallacy | 44 | |
Contract Remedies, Renegotiation, and the Theory of Efficient Breach | 46 | |
The Mitigation Principle | 56 | |
Unity in Tort, Contract, and Property | 59 | |
Beyond Foreseeability: Consequential Damages in the Law of Contract | 67 | |
Contract Damages and Cross-Subsidization | 72 | |
Information and the Scope of Liability for Breach of Contract | 76 | |
Cost of Completion or Diminution in Market Value | 81 | |
Proposals for Products Liability Reform | 86 | |
The Case for Specific Performance | 93 | |
Liquidated Damages, Penalties, and the Just Compensation Principle | 100 | |
Efficiency Implications of Penalties and Liquidated Damages | 105 | |
The Mitigation Principle | 115 | |
Good Faith in the Enforcement of Contracts | 118 | |
Punitive Damages: Divergence in Search of a Rationale | 127 | |
Impossibility and Related Doctrines in Contract Law | 141 | |
Contract as Promise | 145 | |
Mistake, Frustration, and the Windfall Principle of Contract Remedies | 149 | |
Relational Contracts in the Courts | 154 | |
Mistake, Disclosure, Information, and the Law of Contracts | 160 | |
Legal Secrets | 166 | |
A Theory of the Consumer Product Warranty | 174 | |
Principles of Relational Contracts | 181 | |
Relational Contracts in the Courts | 187 | |
Economic Analysis of Contractual Relations | 193 | |
Transaction Cost Determinants of "Unfair" Contractual Arrangements | 201 | |
Problematic Relations: Franchising and the Law of Incomplete Contracts | 204 | |
The Law of Contract Modification | 211 | |
The Principles of Consideration | 224 | |
Promissory Estoppel and Judicial Method | 232 | |
The Promissory Basis of Section 90 | 238 | |
Form and Substance in Private Law Adjudication | 245 | |
Alchemical Notes: Reconstructing Ideals from Deconstructed Rights | 249 | |
The Language of Offer and Acceptance | 252 | |
Mass Media and Offers to the Public | 257 | |
Modern Unilateral Contracts | 266 | |
Economic Analysis of Law | 272 | |
An Essay in the Deconstruction of Contract Doctrine | 273 | |
Precontractual Liability and Preliminary Agreements | 278 | |
Unconscionability: A Critical Reappraisal | 288 | |
Mass Contracts: Lawful Fraud in California | 295 | |
Judge-Made Law and Judge-Made Insurance | 298 | |
A Reexamination of Nonsubstantive Unconscionability | 306 | |
Distributive and Paternalist Motives in Contract Law and Tort Law | 308 | |
Distributive and Paternalist Motives in Contract and Tort Law | 315 | |
Proposals for Products Liability Reform | 319 | |
Contracts of Adhesion: An Essay in Reconstruction | 324 | |
Contract as Thing | 329 | |
Unconscionability in Standard Forms | 332 | |
A Reexamination of Nonsubstantive Unconscionability | 338 |