000 03585nam a2200373 4500
001 OTLid0000330
003 MnU
005 20201105133320.0
006 m o d s
008 180907s2016 mnu o 0 0 eng d
020 _a
040 _aMnU
_beng
_cMnU
050 4 _aKF385.A4
050 4 _aK7265
100 1 _aRicks, Val
_eauthor
245 0 4 _aThe Story of Contract Law
_bFormation
_cVal Ricks
264 2 _bOpen Textbook Library
264 1 _bCALI's eLangdell® Press
300 _a1 online resource
490 0 _aOpen textbook library.
505 0 _aIntroduction -- Chapter 1. Consideration: Contract & Bargain -- Chapter 2. Assent-Based Niches Of Promise Enforcement: Modification And Waiver -- Chapter 3. Alternate Theories Of Recovery: Promissory Estoppel & Unjust Enrichment -- Chapter 4. Limits On Bargains: Defenses -- Chapter 5. The Push Toward Assent -- Chapter 6. Offers -- Chapter 7. Acceptances -- Chapter 8. Definiteness -- Chapter 9. Limits On The Reach Of Contract Law -- Chapter 10. Warranties
520 0 _aThis book, revised as the Second Edition June 2017, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation. The book begins with the most basic, core concept of contract law-exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept's most obvious manifestation-the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study. Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration-an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent. Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines. Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.
542 1 _fAttribution-NonCommercial-ShareAlike
546 _aIn English.
588 0 _aDescription based on print resource
650 0 _aLaw
_vTextbooks
_zUnited States
650 0 _aContract Law
_vTextbooks
710 2 _aOpen Textbook Library
_edistributor
856 4 0 _uhttps://open.umn.edu/opentextbooks/textbooks/330
_zAccess online version
999 _c19729
_d19729