Contracts Cases and Doctrine 7th Edition By Randy E. Barnett, Nathan B. Oman
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About this ebook
The Contracts: Cases and Doctrine (7th Edition) by Randy E. Barnett and Nathan B. Oman covers foundational and advanced contract law principles standard in a first-year law school curriculum. It heavily integrates the Restatement (Second) of Contracts and Articles 1 and 2 of the Uniform Commercial Code (UCC). [1, 2, 3]
The textbook is structurally organized around the following core chapters and thematic areas: [1]
1. Introduction & Remedies
- Introduction to Contract Law: The legal framework, foundational theories, and the skill of case analysis.
- Damages for Breach of Contract: Expectation, reliance, and restitution interests, along with specific calculations and limitations on damages.
- Other Remedies and Causes of Action: Equitable remedies such as specific performance and injunctions. [1, 2, 3]
2. Formation of Contracts & Assent
- Reaching an Agreement: The mechanics of the manifestation of mutual assent, including the traditional mechanics of Offer and Acceptance.
- Discerning the Agreement: The Objective Theory of Assent, preliminary negotiations, and interpreting the meaning of terms.
- Written Manifestations of Assent: The interaction between oral agreements, written integrations, and the Parol Evidence Rule.
- Multiparty Transactions: Transferring rights or duties to third parties (assignments, delegations, and third-party beneficiaries). [1, 2]
3. Enforceability
- Principles of Enforceability: Theories underlying why the law enforces certain promises over others.
- The Doctrine of Consideration: The bargain requirement, sufficiency of consideration, and mutuality of obligation.
- The Intention to Be Legally Bound: Formalities, seals, and explicit declarations of intent.
- The Doctrine of Promissory Estoppel: Reliance-based enforcement where traditional consideration is missing. [1, 2]
4. Performance, Conditions, and Breach
- Performance: Standards of good faith performance and the order of performance.
- Conditions: Express, implied, and constructive conditions, as well as the effects of the failure of conditions.
- Breach: Material breach, substantial performance, and the doctrine of anticipatory repudiation. [1, 2, 3]
5. Defenses to Enforceability
- Lack of Contractual Capacity: Infancy (minors) and mental incompetency.
- Assent Improperly Obtained: Policing the bargaining process, including Duress, Misrepresentation, Fraud, and Undue Influence.
- Assent to Improper Terms: The doctrine of Unconscionability and boilerplate terms.
- Failure of a Basic Assumption: Excuses for non-performance, including Mistake, Impossibility, Impracticability, and Frustration of Purpose. [1, 2]
New Topics Unique to the 7th Edition
- "Smart Contracts": The modern legal implications, blockchain technology, and automated digital agreements.
- Restitution vs. Contract: A deeper exploration into the boundaries between unjust enrichment claims and formal contractual remedies.
- Pandemic Impacts: Real-world case studies evaluating the effect of global pandemics on contractual performance obligations.
- Note: To keep the volume manageable, this edition removed the distinct section on the signature requirement under the Statute of Frauds and slimmed down its focus on early internet contracting. [1, 2, 3]
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30.72 MB
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