The Capability Problem in Contract Law

After a quarter century in active use, this respected title has been revised and expanded in a collaboration between its original author, Professor Richard Danzig and Professor Geoffrey Watson of Catholic. The materials in this book are widely recognized as an invaluable complement to contracts casebooks. A mixture of essays, interviews, newspapers, and court records combines to take students behind appellate court opinions that are the staples of the first year law student's diet. By showing that """"facts"""" are typically ambiguous and difficult to ascertain, that litigation narrows and thereby distorts experience, that race, class, gender, and quality of representation affect findings, that psychological variables often dominate practical, economic, and legal considerations, and that outcomes are often not what they seem, these materials raise fundamental questions about American law in general, and the law of contracts in particular. The Second Edition drops some material not now widely