The Story of Contract Law: Implementing the Bargain
first Edition

The Story of Contract Law: Implementing the Bargain

by Val Ricks

This casebook, continues where Prof. Ricks’ casebook “The Story of Contract Law: Formation” ends. In the cases studied in this volume, courts continue to discern and police the bargain of the parties. Of course, the meaning of “fair” will depend on the goals of the court; contract doctrine, like most legal doctrine, lies at the level of generality (not too general, not too specific) that allows the plurality of views necessary for a legal system comprising diverse and strong-willed individuals to function. This volume allows students to explore arguments for and against fairness based on autonomy, welfare, and other moral claims.


The Story of Contract Law: Implementing the Bargain
About the Author
About CALI eLangdell Press
Implementing the Bargain
1. What Is the Bargain?
1.1. The Meaning of the Words: Interpretation or Construction?
1.1.1. The “Plain Meaning” Rule or Not—When to Take Evidence About Meaning
1.1.2. Substantive Presumptions
1.1.3. Usage, Custom, and Prior Practice
1.2. Writing the Promise: What Effect?
1.2.1. Mistake in Transmission
1.2.2. Parol Evidence
1.3. Implied Obligations
1.3.1. Duty of Cooperation
1.3.2. Good Faith
1.4. Express Conditions
1.5. Implied in Law or Constructive Conditions
1.5.1. Who Performs First If the Parties Did Not Say
1.5.2. Mitigating Doctrines
2. Subsequent Events
2.1. Impracticability of Performance
2.2. Frustration of Purpose
2.3. Failure of Consideration
2.4. Risk of Loss
3. Remedies
3.1. Rescission
3.2. Damages
3.2.1. Introduction
3.2.2. Expectation
3.2.3. Reliance
3.2.4. Restitution
3.3. Limiting Doctrines
3.3.1. Speculation
3.3.2. Foreseeability
3.3.3. Mitigation
3.3.4. Punitive Damages
3.3.5. Liquidated Damages
3.3.6. Agreements to Limit Damages
3.4. Specific Performance
3.5. Agreements to Arbitrate
3.6. Remedies in UCC Article Two
3.6.1. Buyer’s Damages
3.6.2. Seller’s Damages
3.6.3. Liquidated Damages
4. Third-Party Rights and Obligations
4.1. Assignment
4.2. Delegation
4.3. Third-Party Beneficiaries

Val Ricks has taught Contracts since 1996. His scholarship on contract law appears in the Georgetown LJ, Indiana LJ, BYU LR, George Mason LR, Baylor LR, and U. Kan. LR. He claims the original discovery that Isaac Kirksey actually made a bargain with Antillico. Professor Ricks also teaches, and writes about, business associations and other intersections of law and business. Before teaching, he clerked for Judge Charles Wiggins of the 9th Circuit and practiced transactional and appellate law in Salt Lake City. Professor Ricks received a B.A. summa cum laude in Philosophy and a J.D. summa cum laude, both from BYU. He and his bride are the parents of seven beautiful children.

Val Ricks, The Story of Contract Law: Implementing the Bargain, CALI eLangdell Press. Copyright CALI 2017. Available under a Creative Commons BY-NC-SA 4.0 License.

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