Table of Contents
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The Concept of Contract
Evolution of the Common Law
The Meaning of the Common Law
Offer and Acceptance
Preliminary Issues
Tell Ya What I Can Do
Offer
What is an Offer?
"No! We Have a Deal!" Version 1
"No! We Have a Deal!" Version 2
The Catalogue Order
Acceptance
Issues in Acceptance
Second Thoughts
Mutual Assent and Consideration
My First Big Sale
She Got What She Wanted
Pragmatic Alternatives
The Employee's Input
Professor Melvin A. Eisenberg
Incomplete Agreements
Pack the Place Out
Professor Richard E. Speidel
Professor Girardeau A. Spann
Professor Richard E. Speidel
The Objective Theory
Introduction
100% Pure Fescue
The Secret Code
Variations on Classic Cases
A Modern Version Lucy v. Zehmer
Variations on Embry
Professor Walter Brueggemann
Consideration
Introduction
Contract as Bargain
Measure of Persuasiveness
Hamer v. Sidway: First Scenario
Hamer v. Sidway: A Variation
The Professor's Offer
The Tent Hypo
Other Issues in Bargained For Exchange
The Psychic Hotline
Thinking in Different Terms
Colloquium
What is Fossilization?
The Waning of Consideration
Introduction
The Doctrine of Mutuality
The Start Up
Territorial Dispute
Modified Contracts
Version 1 of Johnny Guitar
Version 2 of Johnny Guitar
Professor Amy Chua on Consideration
The Future of Consideration
Professor Colloquium
Practitioner Perspective
Beyond Consideration
The Dangers of Categorization
Restitution
Gigi
Professor Adrienne Davis
Promissory Estoppel
Introduction
The Restoration of Reliance
The Good, the Bad, and the BMW
It's Yours
Professor Amy Chua on Promissory Estoppel
Colloquium
Professor Commentary on Justice and Fairness
Professor James Gordley
Honorable Frank Easterbrook
Professor James Gordley
Contracts and Public Policy
Freedom of Contract
Jennifer's Mom
Contracts and Embryos
The Frozen Embryo Dilemma
Professor Stanley Hauerwas
Professor Dorianne Lambelet Coleman
Srobona Chatterjee, MD
Professor Amy Chua, Markets and Globalization
Information and Disappointment
Information and Contract Formation
What Degree of Honesty is Required
Information and Selling
The Issue of Fraud
A Different Perspective on Vokes
A Better Engine
Discussing the Sale
What Must be Disclosed
Professor Richard A Epstein
Professor James Gordley
Attorney Deborah Hylton (Game of Disclosure)
Good Faith
Preliminary Questions
Hardly the Time
Honorable Richard Posner
The Scope of the Duty
Professor James Gordley
Lake City Beer
Employment at Will Contracts
Take this Job
Professor Richard A Epstein
A Comparative Law Perspective
Mistake at the The Yard Sale
Changed Circumstances
Uncertainty
Stranded
The Company Picnic
Bargaining and Power
Introduction
The Issue of Bargaining and Power
If You're Not Happy, We're Not Happy
Form Contracts: Commentary
Honorable Richard Posner
The Uses of Form Contracts
Perspective on Form Contracts
Professor Paul Carrington
Unconscionability
Overview
Examining the Contract
Vamoose
Deference to Writings
Introduction
The Statute of Frauds
Keeping it Simple
Professor John C. Weistart
The Parol Evidence Rule
The Delivery Date
Ambiguity and Interpretation
Introduction
Previous Encounters with Meaning
100% Pure Fescue
The Secret Code
Professor Colloquium
Remedies
The Basic Formula
The Problem of Remedies
Professor James R. Gordley
Professor Richard E. Speidel
Professor Elizabeth Hayes Patterson
Attorney J. Scott Merrell
Problems of Measurement
The Child Care Dilemma
The Blue Camry
The Acquisition
Limitation on Damages
Race Day
Professor James R. Gordley
Liquidated Damages
Introduction
Professors Broome, Epstein, Speidel, Chua, Baird, Hayes, Patterson, Eisenberg
Equitable Remedies
Overview
The Ad Campaign
The Next Plane
Appendix
Professor Richard A Epstein (Limitation of Volition)
Expectation
Introduction
The Aristotle Model
Justification for Contract Remedies
Restitution
The Bully
Reliance
The Piggy Bank
Expectation
The School Raffle
Covenants Not to Compete
Overview
The Plumber's Covenant
Variations on Jacob & Youngs
Version 1
Version 2
The UCC and Waiver of Conditions
UCC Section 2-209
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