Overview

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.

Full Product Details

Author:   Melvin A. Eisenberg (Jesse H. Choper Professor of Law (Emeritus), Jesse H. Choper Professor of Law (Emeritus), Univeristy of California, Berkeley School of Law)
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 25.70cm , Height: 5.30cm , Length: 18.50cm
Weight:   1.719kg
ISBN:  

9780199731404

ISBN 10:   0199731403
Pages:   904
Publication Date:   08 November 2018
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

"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"

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Author Information

Melvin A. Eisenberg is the Jesse H. Choper Professor of Law Emeritus at the University of California, Berkeley. After graduating from Harvard Law School summa cum laude, Eisenberg was with the New York firm of Kaye Scholer Fierman Hays & Handler. He also served as assistant counsel to the President's commission on the assassination of President Kennedy (Warren Commission) and as assistant corporations counsel of New York City. He joined the Boalt faculty in 1966. Eisenberg is the author of The Nature of the Common Law (1991) and The Structure of the Corporation (1997) and has published casebooks on contracts and corporations. He was Chief Reporter of the American Law Institute's Principles of Corporate Governance, an Adviser to the Institute's Restatement Third of Agency, Restatement of Restitution and Unjust Enrichment, and a member of the American Bar Association's Corporate Law Committee. He is presently an Adviser to the Institute's Restatement of Consumer Contracts. From 1991 to 1993 he held the American Law Institute's Justice R. Ami Cutter Chair. He was a Visiting Professor of Law at Harvard Law School in 1969, at the University of Tokyo in 1992, and at Columbia Law School from 1998 to 2009. He is a Fellow of the American Academy of Arts and Sciences and has been a Guggenheim Fellow and a Fulbright Senior Scholar. He holds honorary Doctor of Law degrees from Cologne University and the University of Milan In 1984 Eisenberg delivered the Cooley Lectures at the University of Michigan. He has also given lectures at a number of universities in the United States, Germany, Italy, England, Canada, Australia, New Zealand and Japan. In 1990 he was awarded the UC Berkeley Distinguished Teaching Award.

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