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Foundational Principles of Contract Law

Melvin A. Eisenberg

Abstract

Foundational Principles of Contract Law is similar to a hornbook—that is, a one-volume treatise on a given legal subject that is intended primarily for law-school students—in length, but differs from a hornbook in two critical respect. First, hornbooks are primarily devoted to setting out the principles and rules of a given legal subject, with some attention to the rationale of those principles and rules, only occasional attention to critiquing those principles and rules, and little or no attention to considering whether those principles and rules should be modified or replaced. In contrast, w ... More

Keywords: normative, organic, dynamic, contract law, contracts

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780199731404
Published to Oxford Scholarship Online: October 2018 DOI:10.1093/oso/9780199731404.001.0001

Authors

Affiliations are at time of print publication.

Melvin A. Eisenberg, author
Jesse H. Choper Professor of Law (Emeritus), Univeristy of California, Berkeley School of Law

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Contents

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Part One The Objective and Coverage of this Book, Theories of Contract Law, Four Underlying Principles of Contract Law, and the Transformation of Contract Law from Classical to Modern

Part Three Moral Elements in Contract Law

Part Four Behavioral Economics and Contract Law

Part Five The Role of Fault in Contract Law

Part Seven Liquidated Damages

Part Eight Specific Performance

Part Nine The Role of Restitution in Contract Law

Part Ten The Disgorgement Interest in Contract Law

Part Eleven The Elements of a Contract

Part Thirteen Contract Formation

Part Fourteen Form Contracts

Part Fifteen The Parol Evidence Rule

Part Sixteen Mistake, Disclosure, and Unexpected Circumstances

Part Seventeen Problems of Performance

Part Eighteen The Principle of Good Faith in Contract Law

Part Nineteen Express Conditions

Part Twenty Relational Contracts

Part Twenty-One Third-Party Beneficiaries

Part Twenty-Two Requirements of a Writing