Contract Doctrine, Theory & Practice Volume One
first Edition

Contract Doctrine, Theory & Practice Volume One

by J.H. Verkerke

J.H. Verkerke, Contract Doctrine, Theory & Practice, Published by CALI eLangdell Press. Available under a Creative Commons BY-NC-SA 3.0 License. CALI® and eLangdell® are United States federally registered trademarks owned by the Center for Computer-Assisted Legal Instruction. The cover art design is a copyrighted work of CALI, all rights reserved. The CALI graphical logo is a trademark and may not be used without permission. Should you create derivative works based on the text of this book or other Creative Commons materials therein, you may not use this book’s cover art and the aforementioned logos, or any derivative thereof, to imply endorsement or otherwise without written permission from CALI.

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This is the first in a series of Contracts casebooks.  It was originally titled "Collaborative Teaching Materials for Contracts."

The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.

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Contract Doctrine, Theory & Practice
About CALI eLangdell Press
About the Author
1. Introduction to the Legal Significance of Promise Making
1.1. Which Promises Are Enforced?
1.1.1. Why Enforce Promises?
1.1.2. Introduction to Indefiniteness Doctrine
1.1.3. Principal Case – Varney v. Ditmars
1.1.4. Sources of Contract Law
1.1.5. Principal Case – D.R. Curtis Co. v. Mathews
1.2. What is a Promise?
1.2.1. Principal Case – Lucy v. Zehmer
1.2.2. Principal Case – Bailey v. West
2. The Consideration Requirement and Alternatives
2.1. The Material Benefit Rule
2.2. Promissory Estoppel
2.2.1. Principal Case – Hayes v. Plantations Steel Co.
2.2.2. Principal Case – Feinberg v. Pfeiffer Co.
2.3. Adequacy Doctrine
2.3.1. Principal Case – Batsakis v. Demotsis
2.4. Bargain or Gift?
2.4.1. Principal Case – In re Greene
2.4.2. Principal Case – Kirksey v. Kirksey
2.5. Consideration Doctrine
2.5.1. Principal Case – St. Peter v. Pioneer Theatre
2.5.2. Principal Case – Hamer v. Sidway
3. Contract Formation
3.1. Acceptance
3.1.1. Principal Case – Ever-Tite Roofing Corp. v. Green
3.1.2. Principal Case – Ciaramella v. Reader’s Digest Association
3.2. Offer
3.2.1. Principal Case – Lefkowitz v. Great Minneapolis Surplus Store
3.2.2. Principal Case – Dyno Construction Co. v. McWane, Inc.
3.3. Revocation of Offers
3.3.1. Principal Case – Dataserv Equipment, Inc. v. Technology Finance Leasing
3.3.2. The Mirror Image Rule
3.3.3. Principal Case – Pavel Enterprises, Inc. v. A.S. Johnson Co.
3.3.4. Irrevocable Offers
3.4. Frontiers of Contract Formation
3.4.1. Principal Case – Hill v. Gateway 2000, Inc.
3.4.2. Principal Case – Step-Saver Data Systems, Inc. v. Wyse Technology, Inc.
3.5. UCC Section 2-207
3.5.1. Principal Case – Ionics v. Elmwood Sensors, Inc.

J.H. (Rip) Verkerke is a professor of law and director of the Program for Employment and Labor Law Studies at the University of Virginia School of Law. He earned an M.Phil. in economics and a J.D. from Yale University. He joined the UVA Law School faculty in 1991 after clerking for Judge Ralph K. Winter, Jr. of the U.S. Court of Appeals for the Second Circuit. Verkerke teaches contracts, several employment law courses and a seminar on behavioral economic analysis of law.


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