STUDIES
IN
CONTRACT LAW
- Hardback book by Edward J. Murphy and Richard E. Speidel
- Fourth Edition
- Over 1400 pages
- University Casebook Series
- Copyright © 1970, 1977, 1984 THE FOUNDATION PRESS, INC.
- Copyright © 1991 By THE FOUNDATION PRESS, INC.
Summary of Contents includes:
" PREFACE
ACKNOWLEDGMENTS
TABLE OF CASES
TABLE OF UNIFORM COMMERCIAL CODE CITATIONS
Chapter One. Introduction to the Study of Contract Law
1. Preliminary Survey of Subject Area, Sources and Methods
2. Introductory Cases and Problems
PART I. EXISTENCE OF OBLIGATION
Chapter Two. The Bases of Promissory Liability
1. Bargain Contract: Promise Plus Consideration
(A) Bargain Requirement
(B) Sufficiency of Exchange
(1) In General
(2) Pre-Existing Duty Rule
(3) Mutuality of Obligation
2. Formal Contract: Promise Plus Seal or Other Form
3. Moral Obligation: Promise Plus Antecedent Benefit
4. Promissory Estoppel: Promise Plus Unbargained-For Reliance
Chapter Three. The Bargain Relationship
1. The Agreement Process: Manifestation of Mutual Assent
(A) Ascertainment of Assent: The "Objective" Test
(B) Offer: Creation of Power of Acceptance
(C) Acceptance: Exercise of Power of Acceptance
(1) Method and Communication of Acceptance
(2) Nature and Effect of Counter-Offer
(D) Termination of Offer: Destruction of Power of Acceptance
(E) Irrevocable Offer: Nondestructible Power of Acceptance
2. Insufficient Agreement: Incomplete, Indefinite and Deferred Terms
(A) Tests of Enforceability
(B) Remedies Where Agreement Incomplete or Indefinite
3. Defective Formulation and Expression of Agreement
Chapter Four. Special Controls on Promissory Liability
1. Capacity to Contract: Infancy; Mental Incompetence
(A) Infancy
(B) Mental Incompetence
2. Abuse of Bargaining Process: Fraud, Duress, Unconscionability
(A) Fraud
(B) Duress
(C) Unconscionability
(1) Consumer Transactions
(2) Commercial Transactions
3. Illegality: Agreements Unenforceable on Grounds of Public Policy
4. Statute of Frauds: Necessity of a Writing
(A) "Within the Statute"
(B) Statutory Compliance
(C) Effect of Noncompliance
PART II. NATURE AND ENFORCEMENT OF OBLIGATION
Chapter Five. Determining Scope and Content of Obligation:
Parol Evidence Rule; Interpretation
Chapter Six. Contract Performance and the Allocation of Risk
1. Express Conditions
(A) Nature and Effect
(B) Excuse of Conditions
2. Constructive Conditions of Exchange
(A) Historical Development
(B) The Avoidance of Forfeiture
3. Reserved Discretion and Good Faith Performance
(A) Scope and Content of Good Faith Duty
(B) Problems in Application
4. Excusable Non-Performance: Impracticability
(A) Existing Impracticability
(B) Supervening Impracticability
(C) Frustration of Purpose
5. Agreed Modification and Discharge in Response to Performance Disputes
(A) Modification
(B) Discharge
6. Termination of Contractual Relations
Chapter Seven. Breach of Contract and Permissible Remedial Responses
1. Right to Suspend Performance of Cancel upon Prospective Inability or Breach
2. Compensatory Damages
(A) Basic Policies
(B) Breach or Repudiation by Payor
(C) Breach or Repudiation by Performer
(1) Direct Damages
(2) Consequential Damages: Foreseeability; Mitigation; Certainty; Incidental Reliance
3. Prevention, Hindrance and the Duty of Cooperation
4. Equitable Remedies for Breach of Contract: Prohibitory Injunction and Specific Performance
5. Effect of Agreement: Liquidating Damages or Altering the Scope of Liability or Remedy
(A) Liquidated Damages
(B) Agreed Remedies
Chapter Eight. Resolution of Contract Performance Disputes:
Some Alternatives to Courts
1. The Legal Framework for Settlement
2. Dispute Resolution in Construction Contracts
(A) Role of Architect or Engineer
(B) Arbitration
PART III. THIRD PARTY INTERESTS
Chapter Nine. Assignment and Delegation
1. Assignment of Rights
2. Delegation of Duties
Chapter Ten. Third Party Beneficiary Contracts
1. Creation of Rights
2. Nature of Rights
Index "
It is in very good condition with some minor edgewear to the cover.
No torn or ripped pages.
There are a some dirt smudges on the side edges of the pages, mostly visible from the side view.
There are several pages with some underlining, highlighting and notations written in the margins, as well as some writing on the first blank page and inside front cover.
There are some pages that have the bottom corner folded.
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