Perspectives on Contract Law 4e

Interesting and informative, Perspectives on Contract Law is an anthology of legal scholarship that presents both seminal and cutting-edge writing by luminaries in the field. Selected and edited by Randy Barnett with the first-year law student in mind, introductory text and Study Guides frame each article and helpfully suggest salient themes.

Discover the features that have made Perspectives on Contract Law popular:

• more complete excerpts than are possible in a contracts casebook
• a logical and modular organization that makes the book ideally suitable to any contracts course or casebook
• a diversity of articles that reflect a variety of contract theorists and perspectives
• original introductory text in each chapter that prepares students to get the most out of the articles that follow
• one-paragraph Study Guides before each article stimulate discussion and engage students in the material

The exciting new Fourth Edition features:

• contributions from a new generation of contracts scholars, such as Aditi Bagchi, Curtis Bridgeman, Marco Jimenz, Dori Kimel, Gregory Klass, Ethan Leib, and Seana Shiffrin, along with additional content by Ian Ayres and Charles Fried
• a new chapter on choosing default rules
• new coverage of contract as promise

Enriching contracts courses through three editions, the timely selections in the Fourth Edition are sure to complement your casebook for Contracts.

I. Enforcing Private Agreements

1. How Should Damages for Breach of Contract Be Measured?
2. Are Some Breaches of Contract Efficient?
3. How Should Default Rules be Chosen?
4. When Should Courts Order Specific Performance?

II. Mutual Assent

5. Is There a Duty to Negotiate a Contract in Good Faith?
6. Does a Promise Differ from an Offer?
7. When Should Parol Evidence of Contracting Parties’ Intentions Be Considered by a Court?
8. Should Form Contracts Be Enforced?

III. Enforceability

9. Which Commitments Should be Enforced?
10. Does the Doctrine of Consideration Have a Function?
11. Should the “Intention to Create Legal Relations” Be a Criterion of Enforceability?
12. What Role Should Formal Contracts Play in Contract Law?
13. How does promissory estoppel fit within the structure of contract law?

IV. Performance and Breach

14. What Constitutes Good Faith Performance?
15. When is a Breach Material?

V. Defenses to Contractual Obligation

16. When Should a Court Refuse to Enforce a Contract?
17. Should Courts Adjust Contract Terms to Handle Changed Circumstances?
18. What is the Relational Theory of Contract?