Foundational Principles of Contract Law

About the Author Acknowledgments Part I. Theories of Contract Law, Four Underlying Principles of Contract Law, and the Transformation of Contract Law from Classical to Modern Chapter 1. The Objective and Coverage of This Book; Doctrinal and Social Propositions; Social and Critical Morality; Terminology; and the Tenor of the Footnote Apparatus Chapter 2. Theories of Contract Law Chapter 3. Four Underlying Principles of Contract Law and the Foundational Contract-Law Standard Chapter 4. The Transformation of Contract Law from Classical to Modern Part II. The Enforceability of Promises Chapter 5. Bargain Promises and the Bargain Principle Chapter 6. The Theory of Efficient Breach Part III: Moral Elements in Contract Law Chapter 7: The Unconscionability Principle Chapter 8. Donative Promises Chapter 9. The Duty to Rescue in Contract Law Chapter 10. The Mitigation Principle Part IV. Behavioral Psychology and Contract Law Chapter 11. Behavioral Psychology and Contract Law Part V. The Role of Fault in Contract Law Chapter 12. The Role of Fault in Contract Law Part VI. Expectation Damages Chapter 13. The Building Blocks of Formulas to Measure Expectation Damages Chapter 14. Formulas for Measuring Expectation Damages for Breach of a Contract for the Sale of Goods Chapter 15. Formulas for Measuring Expectation Damages for Breach of a Contract to Provide Services Chapter 16. Damages for a Purchaser's Breach of a Contract for the Provision of an Off-the-Shelf Commodity Chapter 17. The Cover Principle Chapter 18. The Certainty Principle Chapter 19. The Principle of Hadley v. Baxendale Chapter 20: Other Limitations on Expectation Damages: Litigation Costs, the Time Value of Forgone Gains, and the Risk of the Promisor's Insolvency Chapter 21. The Theory of Overreliance Chapter 22. Critiques of the Expectation Measure, and Alternative Damage Regimes Part VII. Liquidated Damages Chapter 23. Liquidated Damages Part VIII. Specific Performance Chapter 24. The Specific-Performance Principle: Actual and Virtual Specific Performance Part IX. The Role of Restitution in Contract Law Chapter 25. The Role of Restitution in Contract Law (with Mark Gergen) Part X. The Disgorgement Interest in Contract Law Chapter 26. The Disgorgement Interest in Contract Law Part XI. The Elements of a Contract Chapter 27. The Elements of a Contract: Expressions, Implications, Usages, Course of Dealing, Course of Performance, Context and Purpose Part XII. Interpretation in Contract Law Chapter 28. The General Principles of Contract Interpretation Chapter 29. Objective and Subjective Elements of Interpretation Chapter 30. Expression Rules Part XIII. Contract Formation Chapter 31. Offers Chapter 32. Modes of Acceptance Chapter 33. The Termination of an Offeree's Power of Acceptance Chapter 34. Prizes and Rewards Chapter 35. Implied-in-Law and Implied-in-Fact Contracts Chapter 36. Incomplete Contracts Part XIV. Form Contracts Chapter 37. Form Contracts Part XV. The Parol Evidence Rule Chapter 38. The Parol Evidence Rule Part XVI. Mistake, Disclosure, and Unexpected Circumstances Chapter 39. Introduction to Mistake in Contract Law Chapter 40. Evaluative Mistakes Chapter 41. Mechanical Errors ("Unilateral Mistakes") Chapter 42. Mistranscriptions Chapter 43. Shared Mistaken Factual Assumptions ("Mutual Mistakes") Chapter 44. Disclosure in Contract Law Chapter 45. Unexpected Circumstances: Impossibility, Impracticability, and Frustration Part XVII. Problems of Performance Chapter 46. Introduction to Problems of Performance Chapter 47. The Order of Performance: Constructive Conditions Chapter 48. The Principle of Anticipatory Repudiation Chapter 49. The Principle of Adequate Assurance of Performance Chapter 50. Augmented Sanctions: Material Breach, Total Breach, and Opportunistic Breach; Cure; Suspension and Termination Chapter 51. The Principle of Substantial Performance Part XVIII. The Principle of Good Faith in Contract Law Chapter 52. The Principle of Good Faith in Contract Law (with Mark Gergen) Part XIX. Express Conditions Chapter 53. Express Conditions Part XX. Relational Contracts Chapter 54. Relational Contracts Part XXI. Third-Party Beneficiaries Chapter 55. Third-Party Beneficiaries Part XXII. Requirements of a Writing Chapter 56. The Statute of Frauds Chapter 57. No-Oral-Modification Clauses Index