Contracts: Cases, Discussion, and Problems 5th Edition By Brian A. Blum, Amy C. Bushaw
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Contracts: Cases, Discussion, and Problems 5th Edition By Brian A. Blum, Amy C. Bushaw

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About this ebook
Contracts: Cases, Discussion, and Problems (5th Edition) by Brian A. Blum and Amy C. Bushaw follows a traditional organizational structure modeled after the sequence of the Restatement (Second) of Contracts. It transitions from contract formation through to remedies and nonparty rights, heavily incorporating sales of goods (UCC Article 2), electronic contracting, and transnational perspectives throughout. [1, 2, 3]
Contract Formation & Enforceability
  • Sales of Goods Fundamentals: Introduction to mutual assent under the common law and UCC Article 2.
  • Contractual Assent: The objective test used to determine intent and contract formation.
  • The Offer: Requirements for a valid offer, advertisements, and price quotes.
  • Acceptance: Modes, timelines, and the mechanics of accepting an offer.
  • Standard Terms & Electronic Media: Rolling contracts, standard forms, click-wrap, and modern digital contract formation.
  • Preliminary & Indefinite Agreements: Letters of intent, agreements to agree, and incomplete terms.
  • The Statute of Frauds: Writing requirements, electronic signature equivalents, and exceptions. [1, 2, 3, 4, 5]
Theories of Obligation
  • Consideration: Sufficiency, bargain theory, and the legal detriment requirement.
  • Promissory Estoppel: Detrimental reliance as an alternative enforceability mechanism.
  • Options and Firm Offers: Keeping offers open via consideration or UCC rules.
  • Unjust Enrichment: Quasi-contracts, restitution, and obligations based on a material benefit. [1, 2]
Policing the Agreement
  • Improper Bargaining: Duress, undue influence, fraud, misrepresentation, and nondisclosure.
  • Other Policing Grounds: Unconscionability, public policy violations, and contractual incapacity. [1, 2]
Interpretation & Performance
  • Contract Interpretation: Discerning parties' meaning, context, and contract construction rules.
  • The Parol Evidence Rule: Admissibility of prior or contemporaneous agreements.
  • Mistake & Excuse: Mutual/unilateral mistake, impracticability, frustration of purpose, and changed circumstances.
  • Conditions & Promises: Express conditions, constructive conditions, and the timing of performance. [1, 2, 3]
Breach & Remedies
  • Breach of Contract: Material breach vs. substantial performance and anticipatory repudiation.
  • Contract Remedies: Expectation damages, consequential damages, reliance, restitution, and specific performance.
  • Rights of Nonparties: Third-party beneficiaries, assignments of rights, and delegations of duties. [1, 2, 3]
Global & Transactional Perspectives
  • Transnational Law: Regular inclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and UNIDROIT Principles.
  • Transactional Practice: Integrated exercises covering drafting, negotiation, and client counseling. [1]

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Topics

Acceptance: Modes timelines Contract Interpretation: Discerning parties' meaning Contracts for the International Sale of Goods (CISG) Contractual Assent: The objective test used Improper Bargaining: Duress undue influence Material breach vs. substantial performance and anticipatory repudiation Preliminary & Indefinite Agreements Sales of Goods Fundamentals Standard Terms & Electronic Media The Offer: Requirements for a valid offer The Parol Evidence Rule The Statute of Frauds: Writing requirements Theories of Obligation Consideration Promissory Estoppel Options and Firm Offers Unjust Enrichment Transnational Law: Regular inclusion of the United Nations Convention UNIDROIT Principles.
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