Overview

The central theme of this book is that an economic framework - incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances - is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).

Full Product Details

Author:   Victor Goldberg
Publisher:   Harvard University Press
Imprint:   Harvard University Press
Dimensions:   Width: 15.50cm , Height: 3.30cm , Length: 23.50cm
Weight:   0.746kg
ISBN:  

9780674023123

ISBN 10:   0674023129
Pages:   424
Publication Date:   01 January 2007
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Out of Print
Availability:   Awaiting stock  

Table of Contents

"Introduction Part I Some Concepts 1. The Net Profits Puzzle Part II Consideration 2. Reading Wood v. Lucy, Lady Duff Gordon with Help from the Kewpie Dolls 3. Mutuality and the Jobber's Requirements: Middleman to the World 4. Satisfaction Clauses: Consideration without Good Faith 5. Postscript on Freedom from Contract Part III Interpretation 6. Discretion in Long-Term Open Quantity Contracts: Reining in Good Faith 7. In Search of Best Efforts: Reinterpreting Bloor v. Falstaff 8. Columbia Nitrogen v. Royster: Do as They Say, Not as They Do 9. The ""Battle of the Forms:"" Fairness, Efficiency, and the Best-Shot Rule Part IV Remedies 10. Campbell v. Wentz: The Case of the Walking Carrots 11. Expectation Damages and Property in the Price 12. The Middleman's Damages: Lost Profits or the Contract-Market Differential 13. An Economic Analysis of the Lost--Volume Retail Seller 14. Consequential Damages 15. A Reexamination of Glanzer v. Shepard: Surveyors on the Tort-Contract Boundary Part V Option to Terminate 16. Bloomer Girl Revisited, or How to Frame an Unmade Picture 17. Bloomer Girl: A Postscript 18. Wasserman v. Township of Middletown: The Penalty Clause That Wasn't Part VI Impossibility, Related Doctrines, and Price Adjustment 19. Price Adjustment in Long--Term Contracts 20. Impossibility and Related Excuses 21. Alcoa v. Essex: Anatomy of a Bungled Deal 22. Mineral Park v. Howard: The Irrelevance of Impracticability Concluding Thoughts Notes References Table of Cases Index"

Reviews

This is the most stimulating and interesting book on contract law that I have come across in many years. It is full of surprises. Everyone who works with contracts and every law professor who teaches contracts should take a look at it.--Joseph M. Perillo, ContractsProf Blog

This stimulating book should be placed on the top of the reading stack for everyone who studies contract law--along with those who structure or litigate deals for a living. Goldberg is an adept legal archeologist who has done a wonderful job of unearthing old court documents, obscure business relationship, and forgotten family histories. He is a master storyteller--many of the chapters flow more like a Booker Prize novel than dry legal commentary. -- George S. Geis, The University of Chicago Law Review

Author Information

Victor Goldberg is Jerome L. Greene Professor of Transactional Law at Columbia Law School.

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