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Contracts Law in Action The Introductory Course 4th Edition by Stewart Macaulay, William Whitford, Kathryn Hendley, Jonathan Lipson ISBN 1522104046 9781522104049

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ISBN 10:  1522104046
ISBN 13: 978-1522104049
Author:   Stewart Macaulay, William Whitford, Kathryn Hendley, Jonathan Lipson

Contracts: Law in Action (CLA) is unique among contracts casebooks for two reasons. First, it has a distinct methodological commitment ― the “law in action” approach pioneered by, among others, authors Macaulay and Whitford. CLA provides unique contextual background into such chestnut cases as Parker v. Twentieth Century Fox and Hoffman v. Red Owl. This context allows teachers to explore such issues as to where cases come from and what impact they have on the parties and others. Second, unlike many other casebooks CLA offers detailed and challenging problem sets to help students develop both the basic analytic skills they need to succeed and the larger modes of inquiry that distinguish the best lawyers. CLA is the rare book that marries theory and practice in an engaging and accessible way.

 

Contracts: Law in Action: The Introductory Course 4th Table of contents:

Chapter 1 · Formation of Contract

A. Choice, Fault, or Something Else?

B. The Risk of Ambiguity or Misunderstanding

1. Choice and the Careless Use of Language

2. Flat Rules to Allocate Losses

3. When Is It Too Late to Discover a Mistake and Avoid the Contract?

C. Unenforceable Contracts, Restitution, and Reliance

Chapter 2 · Incomplete Planning, Flexibility, and Enforceability

A. Specifying Ends But Not Means: “We Can Work It Out!”

1. Building Construction and Ordinary People

2. The UCC and Indefiniteness: Transactions in Goods between Major Corporations

B. Flexible Price and Quantity: “I’ll Buy What I Want at a Fair Price”

1. Flexible Pricing

2. Flexible Quantity

C. Business Documents and Forming Contracts

1. Formation Doctrine and “Letters of Intent”

2. Business Documents and Commercial Practices

D. Closing the Deal But Leaving a Way Out

Chapter 3 · The Deal Is Closed — But What Is It?

A. Introduction

B. Textual or Contextual Interpretation of Contractual Language?

C. The Parol Evidence Rule

1. Search for Truth or Defense of Form?

2. Of Partial Integrations and Side Agreements

3. A More Recent California Decision

D. Subversive Doctrines: Exceptions to the Parol Evidence Rule

1. Reformation

2. Promissory Estoppel

3. Fraud

E. Conclusions about the Parol Evidence Rule

Chapter 4 · Problems Concerning the Adjustment or Modification of Performance Terms

A. Waiving Conditions Contrasted with Modifying Contracts

B. “Written Modifications Only” Clauses

Chapter 5 · Performance and Breach of Contract

A. The Main Themes — Promises, Conditions, and the Role of Courts

1. The Logic of “Conditions”

2. Interpretation and Construction

3. Conditions and Forfeitures: Free Contract, Material Breach, and Fairness

4. Conditions of Satisfaction

B. Conditions and the Uniform Commercial Code

1. The General Pattern

2. Inspection and Acceptance of the Goods

3. Cooperation and Good Faith

4. Notice: § 2-607(3)(a) — And a Note on § 2-608(2)

5. Section 2-508: The Seller’s Right to Cure

6. CISG and Imperfect Performance

7. Two Classic, But Troublesome, Problems

C. “Anticipatory Breach” and “Reasonable Grounds for Insecurity”

1. Repudiation and the Power to Walk Away from the Deal

2. Insisting on My Interpretation of the Contract as a Form of Repudiation

3. Uncertainty about the Other Side’s Performance — The Code’s Framework

4. Uncertainty about Performance — At Common Law

D. Self-Help in the Face of Default

1. Deducting Damages from What Is Due

2. Checks in Full Satisfaction of All Claims

3. Using the Goods to Avoid Loss after Revocation of Acceptance

E. A Critical Review of the Issues

Chapter 6 · Adjusting to Changed Circumstances: Risks Assumed and Imposed

A. History, Conflicting Positions, and Unacknowledged Legal Change

1. The Paper versus the Real Deal: Formalism, Realism, and Changing Approaches

2. Cleaning Up after the Unexpected: Allocations, Restitution, and Reliance Recovery

B. Impracticability, the UCC, and Legal Realism, Checked by Demands for Form and Certainty

1. “[M]ade Impracticable by the Occurrence of a Contingency the Non-Occurrence of Which Was a Basic Assumption on Which the Contract Was Made”

2. The Threat of Terrorism

3. Force Majeure Clauses as the Solution?

4. Coping with Changed Circumstances: Judicial Rewriting of Contracts

5. Coping with Changed Circumstances: “Coercive Mediation” by Judges to Push Parties to Rewrite the Contract

6. The 2008 and Following Meltdown of the Economy

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