Contract Doctrine, Theory & Practice Volume Two
first Edition

Contract Doctrine, Theory & Practice Volume Two

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. Permission for the Restatement of Contracts, copyright 2012 by The American Law Institute. Reproduced with permission. All rights reserved. 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.

© 2018 CALI eLangdell Press, Subject to an Attribution-NonCommercial-ShareAlike CC BY-NC-SA

This is Volume 2 in a three volume series written for Contracts Law.  Its original title was "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 the Author
About CALI eLangdell Press
1. Defining the Obligation to Perform
1.1. Exclusive Dealing Contracts
1.1.1. Principal Case – Bloor v. Falstaff Brewing Corp.
1.1.2. Principal Case – Wood v. Lucy, Lady Duff-Gordon
1.2. Excuse
1.2.1. Principal Case – Stees v. Leonard
1.2.2. Principal Case – Taylor v. Caldwell
1.3. Mistake
1.3.1. Principal Case – Sherwood v. Walker
1.3.2. Principal Case – Anderson v. O’Meara
1.4. Substantial Performance
1.4.1. Principal Case – Jacob & Youngs v. Kent
2. Regulating the Bargaining Process
2.1. Unconscionability
2.1.1. Principal Case – Williams v. Walker-Thomas Furniture Co. I
2.1.2. Principal Case – Williams v. Walker-Thomas Furniture Co. II
2.2. Modification
2.2.1. Principal Case – Alaska Packers’ Association v. Domenico
2.3. Rules Concerning Information
2.3.1. Fraud and Affirmative Misrepresentation
2.3.2. Non-Disclosure and Concealment
2.3.3. Principal Case – Reed v. King
2.3.4. Principal Case – Stambovsky v. Ackley
2.3.5. Principal Case – Obde v. Schlemeyer
2.3.6. Principal Case – L & N Grove, Inc. v. Chapman
2.4. The Statute of Frauds
2.4.1. Principal Case – Monetti, S.P.A. v. Anchor Hocking Corp.

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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