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Foundational Principles of Contract Law not only sets out the principles and rules of contract law, it places more emphasis on what the principles and rules of contract law should be, based on policy, morality, and experience. A major premise of the book is that the best way to grasp contract law is to understand it from a critical perspective as an organic, dynamic subject. When contract law is approached in this way it is much easier to grasp and learn than when it is presented simply as a static collection of principles and rules. Professor Eisenberg covers almost all areas of contract law, including the enforceability of promises, remedies for breach of contract, problems of assent, form contracts, the effect of mistake and changed circumstances, interpretation, and problems of performance. Although the emphasis of the book is on the principles and rules of contract law, it also covers important theories in contract law, such as the theory of efficient breach, the theory of overreliance, the normative theory of contracts, formalism, and theories of contract interpretation.
This book examines the role of officers, directors and shareholders in the governance of the modern publicly held corporation.
Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
The common law, which is made by courts, consists of rules that govern relations between individuals, such as torts (the law of private wrongs) and contracts. Legal Reasoning explains and analyzes the modes of reasoning utilized by the courts in making and applying common law rules. These modes include reasoning from binding precedents (prior cases that are binding on the deciding court); reasoning from authoritative although not binding sources, such as leading treatises; reasoning from analogy; reasoning from propositions of morality, policy, and experience; making exceptions; drawing distinctions; and overruling. The book further examines and explains the roles of logic, deduction, and good judgment in legal reasoning. With accessible prose and full descriptions of illustrative cases, this book is a valuable resource for anyone who wishes to get a hands-on grasp of legal reasoning.
Essays addressing a variety of issues in the theory and practice of contract law.
A collection of materials that can be used with any Contract Law casebook. The editors provide a thoughtful and helpful introduction to the materials. This edition also includes materials concerning electronic contracting, such as excerpts from the text and comments of the Uniform Computer Information Transactions Act, portions of the text and comments of the Uniform Electronic Transactions Act, and portions of the Electronic Signatures in Global and National Communications Act.
This Contracts outline discusses consideration (including promissory estoppel and past consideration), offer and acceptance, interpretation, defenses (including mistake, fraud, duress, unconscionability, the Statute of Frauds, and illegality), third-party beneficiaries, assignment of rights, and delegation of duties. It also covers conditions, substantial performance, material vs. minor breach, anticipatory breach, impossibility, discharge, and remedies (including expectation damages, specific performance, and liquidated damages).
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