图书简介

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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