Basic contract law / 7th ed.
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作 者：by Lon L. Fuller, Melvin Aron Eisenberg.
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ISBN：9780314238672
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简介
The thoroughly updated and modernized Sixth Edition of this famous casebook is built on the spine of leading contracts cases, which are presented in a full-bodied way, with only limited editing of the facts. Text Notes are used selectively, so readers are provided with background discussions where an issue is better elaborated by notes than by case. There are copious cross-references to the UCC and the Restatement (Second) of Contracts. And, three important innovations have been made in the Sixth Edition: the addition of extensive cross references to the Convention for the International Sale of Goods and the Unidroit Principles of International Contracts Law, together with Text Notes concerning CISG and Unidroit; the inclusion of extensive cross-references to the Drafts of proposed new Articles 2 and 9 of the UCC; and the use of extensive Text Note Material on the effect of Electronic Data Interchange on contract law.
目录
Table Of Contents:
Acknowledgments iii
Table of Cases xxix
Table of Uniform Commercial Code Citations xxxix
Table of Uniform Consumer Credit Code Citations xli
Table of Citations to the Restatement of Contents xliii
PART 1. WHAT PROMISES SHOULD THE LAW ENFORCE?-THE DOCTRINE OF CONSIDERATION
Donative Promises, Form, And Reliance 6(40)
Simple Donative Promises 6(7)
The Element of Form 13(10)
The Element of Reliance 23(23)
The Bargain Principle and Its Limits 46(106)
The Bargain Principle 46(16)
Unconscionability 62(23)
The Problem of Mutuality 85(24)
Performance of a Legal Duty as Consideration; Modification and Waiver of Contractual Duties 109(43)
Past Consideration 152(12)
The Limits of Contract 164(30)
PART II. REMEDIES FOR BREACH OF CONTRACT
An Introduction to Contract Damages 194(31)
The Expectation Measure 225(98)
Damages For Breach of a Contract to Perform Services 225(24)
Damages For Breach of a Contract for the Sale of Goods 249(22)
Mitigation; Contracts for Employment 271(15)
Foreseeability 286(12)
Certainly 298(10)
Liquidated Damages 308(15)
Specific Performance 323(17)
The Reliance and Restitution Measures 340(22)
Reliance Damages in a Bargain Context 340(6)
The Restitution Measure 346(16)
PART III. ASSENT
An Introduction to Interpretation 362(41)
Subjective and Objective Elements in the General Principles of Interpretation in Contract Law 362(26)
Problems of Interpreting Purposive Language 388(9)
The Role of Usage, Course of Dealing, and Course of Performance in Interpretation 397(6)
The Mechanics of a Bargain (I)-Offer and Revocation 403(41)
What Constitutes an Offer 403(8)
Termination of the Offeree's Power of Acceptance: Lapse, Rejection, and Counter-Offer 411(12)
Termination of the Offeree's Power of Acceptance: Revocation 423(21)
The Mechanics of a Bargain (II)-Transacting at a Distance 444(15)
The Mechanics of a Bargain (III)-Modes of Acceptance 459(47)
Acceptance by Act 460(9)
Subjective Acceptance 469(4)
Acceptance by Conduct 473(3)
The Effect of Using a Subcontractor's Bid 476(10)
The Effect of Failing to Reject an Offer 486(3)
Silence as Acceptance 489(9)
Acceptance by Click 498(5)
Acceptance by Electronic Agent 503(3)
Implied-in-Law and Implied-in-Fact Contracts; Unilateral Contracts Revisited 506(35)
Preliminary Negotiations, Indefiniteness, and the Duty to Bargain in Good Faith 541(46)
The Parol Evidence Rule; Further Problems of Interpretation 587(56)
The Parol Evidence Rule 587(24)
The Use of Extrinsic Evidence to Aid in the Interpretation of a Written Text 611(32)
PART IV. FORM CONTRACTS IN COMMERCIAL AND CONSUMER CONTEXTS
Contract Formation in a Form-Contract Setting 643(29)
Interpretation and Unconscionability in a Form-Contract Setting 672(22)
PART V. MISTAKE AND CHANGED CIRCUMSTANCES
Mistake 694(46)
Misunderstanding 694(1)
Mutual Mistake 694(21)
Unilateral Mistake 715(8)
Nondisclosure 723(11)
Mistakes in Transcription; Reformation 734(6)
The Effect of Changed Circumstances 740(54)
PART VI. PROBLEMS INVOLVING PERSONS OTHER THAN THE PARTIES TO THE ORIGINAL CONTRACT
Third-Party Beneficiaries 794(40)
Assignment and Negotiation 834(34)
Introduction 834(6)
Assignability of Rights and Delegability of Duties 840(16)
Financing Through the Assignment of Claims 856(3)
Defenses of the Obligor Against the Assignee in a Commercial Context 859(1)
Negotiation; Defenses in the Consumer Context 860(8)
PART VII. PROBLEMS OF PERFORMANCE
The Obligation to Perform in Good Faith 868(34)
The Doctrine of Substantial Performance 902(18)
The General Principle 902(8)
Contracts for the Sale of Goods 910(10)
Express Conditions 920(43)
Introduction 920(1)
The Distinctions Between the Operation of a Promise and the Operation of a Condition 921(7)
Conditions Precedent and Conditions Subsequent 928(3)
Problems of Interpretation in Distinguishing Between Conditions and Promises 931(5)
Conditions of Cooperation; Prevention; the Implication of a Promise From an Express Condition 936(4)
Conditions of Satisfaction 940(8)
Conditions of Payment 948(4)
Excuse 952(11)
Breach and Response 963(22)
The Order of Performance 965(2)
Ability to Perform 967(3)
Material Breach: Failure of Performance by One Party as an Excuse for Nonperformance by the Other 970(15)
Anticipatory Breach, Prospective Inability to Perform, and Adequate Assurance of Performance 985(32)
Anticipatory Breach 985(17)
Prospective Inability to Perform and Adequate Assurance of Performance 1002(15)
Appendix A. The Statute of Frauds 1017(46)
1. Introduction 1017(1)
2. The Text of the Original Statute 1018(1)
3. The Purpose of the Statute 1019(1)
4. How it Was Decided What Kinds of Contracts Should be Required to be in Writing 1020(2)
5. American Variations on the English Theme 1022(1)
6. Judicial Interpretations of the Various Subsections of the Act-Introduction 1023(1)
7. Contracts for the Sale of an Interest in Land ( 4(4)) 1023(1)
8. Contracts for the Sale of Goods 1024(4)
9. Two Other Formal Requirements in the Uniform Commercial Code 1028(1)
10. Agreements not to be Performed Within One Year From the Making Thereof ( 4(5)) 1029(3)
11. The Suretyship Section ( 4(2))-Generally 1032(1)
12. The Suretyship Section Continued-``The Main Purpose Rule'' 1033(2)
13. The Suretyship Section Continued-Miscellaneous Problems 1035(1)
14. Promises Made by Executors and Administrators ( 4(1)) 1036(1)
15. Contracts upon Consideration of Marriage ( 4(3)) 1036(1)
16. What Kind of Memorandum Will Satisfy the Statute 1037(4)
17. Electronic Contracting and the Statute of Frauds 1041(3)
18. The Effect of Part Performance of, or Reliance Upon, An Oral Contract Within the Statute-Introduction 1044(1)
19. The Restitution of Benefits Conferred Under the Oral Agreement 1045(2)
20. Reimbursement for Reliance on the Oral Contract 1047(2)
21. The Right to the ``Value of The Bargain'' Where There has Been Part Performance of, or Reliance Upon, the Oral Contract 1049(4)
22. The Effect of Non-Compliance-Legal Consequences of the Unenforceable Agreement 1053(2)
23. Oral Rescission 1055(1)
24. Oral Modifications 1056(1)
25. Interaction of the Statute of Frauds with the Parol Evidence Rule and the Remedy of Reformation 1057(2)
26. Pleading and Procedural Problems in Connection with the Statute 1059(1)
27. A Glance Backward and Ahead 1060(3)
Appendix B. A Note on the History of Contract in the Common 1063(8)
Appendix C. Incidents of the Seal 1071(2)
Appendix D. History of the Assignability of Choses in Action 1073(6)
Index 1079
Acknowledgments iii
Table of Cases xxix
Table of Uniform Commercial Code Citations xxxix
Table of Uniform Consumer Credit Code Citations xli
Table of Citations to the Restatement of Contents xliii
PART 1. WHAT PROMISES SHOULD THE LAW ENFORCE?-THE DOCTRINE OF CONSIDERATION
Donative Promises, Form, And Reliance 6(40)
Simple Donative Promises 6(7)
The Element of Form 13(10)
The Element of Reliance 23(23)
The Bargain Principle and Its Limits 46(106)
The Bargain Principle 46(16)
Unconscionability 62(23)
The Problem of Mutuality 85(24)
Performance of a Legal Duty as Consideration; Modification and Waiver of Contractual Duties 109(43)
Past Consideration 152(12)
The Limits of Contract 164(30)
PART II. REMEDIES FOR BREACH OF CONTRACT
An Introduction to Contract Damages 194(31)
The Expectation Measure 225(98)
Damages For Breach of a Contract to Perform Services 225(24)
Damages For Breach of a Contract for the Sale of Goods 249(22)
Mitigation; Contracts for Employment 271(15)
Foreseeability 286(12)
Certainly 298(10)
Liquidated Damages 308(15)
Specific Performance 323(17)
The Reliance and Restitution Measures 340(22)
Reliance Damages in a Bargain Context 340(6)
The Restitution Measure 346(16)
PART III. ASSENT
An Introduction to Interpretation 362(41)
Subjective and Objective Elements in the General Principles of Interpretation in Contract Law 362(26)
Problems of Interpreting Purposive Language 388(9)
The Role of Usage, Course of Dealing, and Course of Performance in Interpretation 397(6)
The Mechanics of a Bargain (I)-Offer and Revocation 403(41)
What Constitutes an Offer 403(8)
Termination of the Offeree's Power of Acceptance: Lapse, Rejection, and Counter-Offer 411(12)
Termination of the Offeree's Power of Acceptance: Revocation 423(21)
The Mechanics of a Bargain (II)-Transacting at a Distance 444(15)
The Mechanics of a Bargain (III)-Modes of Acceptance 459(47)
Acceptance by Act 460(9)
Subjective Acceptance 469(4)
Acceptance by Conduct 473(3)
The Effect of Using a Subcontractor's Bid 476(10)
The Effect of Failing to Reject an Offer 486(3)
Silence as Acceptance 489(9)
Acceptance by Click 498(5)
Acceptance by Electronic Agent 503(3)
Implied-in-Law and Implied-in-Fact Contracts; Unilateral Contracts Revisited 506(35)
Preliminary Negotiations, Indefiniteness, and the Duty to Bargain in Good Faith 541(46)
The Parol Evidence Rule; Further Problems of Interpretation 587(56)
The Parol Evidence Rule 587(24)
The Use of Extrinsic Evidence to Aid in the Interpretation of a Written Text 611(32)
PART IV. FORM CONTRACTS IN COMMERCIAL AND CONSUMER CONTEXTS
Contract Formation in a Form-Contract Setting 643(29)
Interpretation and Unconscionability in a Form-Contract Setting 672(22)
PART V. MISTAKE AND CHANGED CIRCUMSTANCES
Mistake 694(46)
Misunderstanding 694(1)
Mutual Mistake 694(21)
Unilateral Mistake 715(8)
Nondisclosure 723(11)
Mistakes in Transcription; Reformation 734(6)
The Effect of Changed Circumstances 740(54)
PART VI. PROBLEMS INVOLVING PERSONS OTHER THAN THE PARTIES TO THE ORIGINAL CONTRACT
Third-Party Beneficiaries 794(40)
Assignment and Negotiation 834(34)
Introduction 834(6)
Assignability of Rights and Delegability of Duties 840(16)
Financing Through the Assignment of Claims 856(3)
Defenses of the Obligor Against the Assignee in a Commercial Context 859(1)
Negotiation; Defenses in the Consumer Context 860(8)
PART VII. PROBLEMS OF PERFORMANCE
The Obligation to Perform in Good Faith 868(34)
The Doctrine of Substantial Performance 902(18)
The General Principle 902(8)
Contracts for the Sale of Goods 910(10)
Express Conditions 920(43)
Introduction 920(1)
The Distinctions Between the Operation of a Promise and the Operation of a Condition 921(7)
Conditions Precedent and Conditions Subsequent 928(3)
Problems of Interpretation in Distinguishing Between Conditions and Promises 931(5)
Conditions of Cooperation; Prevention; the Implication of a Promise From an Express Condition 936(4)
Conditions of Satisfaction 940(8)
Conditions of Payment 948(4)
Excuse 952(11)
Breach and Response 963(22)
The Order of Performance 965(2)
Ability to Perform 967(3)
Material Breach: Failure of Performance by One Party as an Excuse for Nonperformance by the Other 970(15)
Anticipatory Breach, Prospective Inability to Perform, and Adequate Assurance of Performance 985(32)
Anticipatory Breach 985(17)
Prospective Inability to Perform and Adequate Assurance of Performance 1002(15)
Appendix A. The Statute of Frauds 1017(46)
1. Introduction 1017(1)
2. The Text of the Original Statute 1018(1)
3. The Purpose of the Statute 1019(1)
4. How it Was Decided What Kinds of Contracts Should be Required to be in Writing 1020(2)
5. American Variations on the English Theme 1022(1)
6. Judicial Interpretations of the Various Subsections of the Act-Introduction 1023(1)
7. Contracts for the Sale of an Interest in Land ( 4(4)) 1023(1)
8. Contracts for the Sale of Goods 1024(4)
9. Two Other Formal Requirements in the Uniform Commercial Code 1028(1)
10. Agreements not to be Performed Within One Year From the Making Thereof ( 4(5)) 1029(3)
11. The Suretyship Section ( 4(2))-Generally 1032(1)
12. The Suretyship Section Continued-``The Main Purpose Rule'' 1033(2)
13. The Suretyship Section Continued-Miscellaneous Problems 1035(1)
14. Promises Made by Executors and Administrators ( 4(1)) 1036(1)
15. Contracts upon Consideration of Marriage ( 4(3)) 1036(1)
16. What Kind of Memorandum Will Satisfy the Statute 1037(4)
17. Electronic Contracting and the Statute of Frauds 1041(3)
18. The Effect of Part Performance of, or Reliance Upon, An Oral Contract Within the Statute-Introduction 1044(1)
19. The Restitution of Benefits Conferred Under the Oral Agreement 1045(2)
20. Reimbursement for Reliance on the Oral Contract 1047(2)
21. The Right to the ``Value of The Bargain'' Where There has Been Part Performance of, or Reliance Upon, the Oral Contract 1049(4)
22. The Effect of Non-Compliance-Legal Consequences of the Unenforceable Agreement 1053(2)
23. Oral Rescission 1055(1)
24. Oral Modifications 1056(1)
25. Interaction of the Statute of Frauds with the Parol Evidence Rule and the Remedy of Reformation 1057(2)
26. Pleading and Procedural Problems in Connection with the Statute 1059(1)
27. A Glance Backward and Ahead 1060(3)
Appendix B. A Note on the History of Contract in the Common 1063(8)
Appendix C. Incidents of the Seal 1071(2)
Appendix D. History of the Assignability of Choses in Action 1073(6)
Index 1079
Basic contract law / 7th ed.
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