Contracts: Cases and Doctrine, 7th ed.

Front Matter
	Editorial Advisors
	Title Page
	Copyright Page
	About Aspen Publishing
	Dedication
	Summary of Contents
	Contents
	Preface
	Acknowledgments
I ENFORCING PRIVATE AGREEMENTS
	1 INTRODUCTION TO CONTRACT LAW
		A. STUDYING CONTRACT LAW
			1. The Structure of This Book
			2. The Three Dimensions of Law
			3. The Restatement and the Uniform Commercial Code
			4. How to Brief Cases for This Class
		B. THE NATURE AND HISTORY OF CONTRACT
			Shaheen v. Knight
			Restatement (Second) of Contracts
			Historical Background: From Status to Contract
				Sir Henry Maine, Ancient Law
			Historical Background: The Rise of Assumpsit
				E. Allan Farnsworth, Contracts
		C. THE BOUNDARIES OF CONTRACT
			Jordan v. Knafel
			Relational Background
				Lawrence A. Cunningham, Contracts in the Real World: Stories of Popular Contracts and Why They Matter
	2 DAMAGES FOR BREACH OF CONTRACT
		A. WHY STUDY REMEDIES FIRST?
		B. THE THREE DAMAGE INTERESTS
			Legal Background: Introduction to Damage Interests
				E. Allan Farnsworth, Expectation, Reliance, and Restitution Interests
			Hawkins v. McGee
			McGee v. United States Fidelity & Guaranty Co.
			Relational Background: Before and After the Lawsuit
				Jorie Roberts, Hawkins Case: A Hair-Raising Experience
			Restatement (Second) of Contracts
			Nurse v. Barns
			Differentiating Damage Interests: A Problem
			Sullivan v. O’Connor
			J. O. Hooker & Sons v. Roberts Cabinet Co.
			Sales Contracts: The Uniform Commercial Code
			KGM Harvesting Co. v. Fresh Network
			Sales Contracts: The Uniform Commercial Code
		C. THREE LIMITATIONS ON DAMAGES
			1. Remoteness or Foreseeability of Harm
				Hadley v. Baxendale
				Historical Background: Putting Hadley in Context
					Richard Danzig, Hadley v. Baxendale: A Study in the Industrialization of the Law
				Hector Martinez and Co. v. Southern Pacific Transportation Co.
				Restatement (Second) of Contracts
				Morrow v. First National Bank of Hot Springs
			2. Certainty of Harm
				Chicago Coliseum Club v. Dempsey
				Relational and Historical Background: Why Didn’t Dempsey Fight Wills? The Role of Race
					Winston Cigarette Machine Co. v. Wells-Whitehead Tobacco Co.
				Restatement (Second) of Contracts
				Anglia Television Ltd. v. Reed
				Security Stove & Manufacturing Co. v. American Railway Express Co.
				Economics Background: The Subjectivity of Valuation
					Ludwig von Mises, Human Action
			3. Avoidability of Harm
				Rockingham County v. Luten Bridge Co.
				Relational Background: Why Did the County Change Its Mind? Why Did the Company Keep Building?
					Barak Richman, Jordi Weinstock & Jason Mehta, A Bridge, a Tax Revolt, and the Struggle to Industrialize: The Story and Legacy of Rockingham County v. Luten Bridge Co.
				Shirley MacLaine Parker v. Twentieth Century-Fox Film Corp.
				Relational Background: A Feminist Interpretation of Parker
					Mary Joe Frug, Shirley MacLaine and the Mitigation of Damages Rule: Re-Uniting Language and Experience in Legal Doctrine
				Relational Background: The Rise and Fall of the Bloomer Girl Project
					Victor P. Goldberg, Framing Contract Law: An Economic Perspective
				Restatement (Second) of Contracts
				Neri v. Retail Marine Corp.
				Sales Contracts: The Uniform Commercial Code
		D. CONTRACTING AROUND THE DEFAULT RULES OF DAMAGES
			1. Express Limitations on Consequential and Incidental Damages
				Sales Contracts: The Uniform Commercial Code
			2. Liquidated Damages vs. Penalty Clauses
				Kemble v. Farren
				Wassenaar v. Towne Hotel
				Restatement (Second) of Contracts
				Lake River Corp. v. Carborundum Co.
	3 OTHER REMEDIES AND CAUSES OF ACTION
		A. SPECIFIC PERFORMANCE AND INJUNCTIONS
			Legal Background: Introduction to Equitable Remedies
				Dan B. Dobbs, Introduction to Equity and Equitable Remedies
			1. Contracts for Land
				Loveless v. Diehl
			2. Contracts for Goods
				Cumbest v. Harris
				Scholl v. Hartzell
				Sedmak v. Charlie’s Chevrolet, Inc.
				Sales Contracts: The Uniform Commercial Code
			3. Contracts for Personal Services
				The Case of Mary Clark, A Woman of Colour
				Relational Background: The Nature of Mary Clark’s “Voluntary” Indenture
					Sandra Boyd Williams, The Indiana Supreme Court and the Struggle Against Slavery
				Lumley v. Wagner
				Relational Background: In the End Everyone Except the Lawyers Were Losers
					Stephen Waddams, Dimensions of Private Law
				Ford v. Jermon
				Duff v. Russell
				Historical and Relational Background: Sex and Specific Performance
					Lea S. VanderVelde, The Gendered Origins of the Lumley Doctrine: Binding Men’s Consciences and Women’s Fidelity
				Dallas Cowboys Football Club v. Harris
				Constitutional Background: The Thirteenth Amendment and Contractual Freedom
					Bailey v. State of Alabama
		B. RESTITUTION — DAMAGE INTEREST AND CAUSE OF ACTION
			1. Restitution for Breach of Contract
				Bush v. Canfield
				Attorney General v. Blake
				Snepp v. United States
				Restatement (Second) of Contracts
			2. Restitution to the Party in Breach
				Britton v. Turner
				Vines v. Orchard Hills, Inc.
				Restatement (Second) of Contracts
			3. Restitution and “Quasi-Contract”
				Cotnam v. Wisdom
				Martin v. Little, Brown and Co.
				Al-Ibrahim v. Edde
				Pelletier v. Johnson
		C. TORTIOUS INTERFERENCE WITH CONTRACT
			Lumley v. Gye
			Historical and Relational Background: The Impact of Lumley v. Gye on Johanna Wagner
			Lea S. VanderVelde, The Gendered Origins of the Lumley Doctrine: Binding Men’s Consciencses and Women’s Fidelity
			Restatement (Second) of Torts
			Texaco v. Pennzoil
			Procedural Background: The Most Expensive Legal Mistake in the History of the World
				Thomas Petzinger, Jr., Oil and Honor: The Texaco-Pennzoil Wars
II MUTUAL ASSENT
	4 REACHING AN AGREEMENT
		A. THE OBJECTIVE THEORY OF ASSENT
			Embry v. Hargadine, McKittrick Dry Goods Co.
			The Objective Theory of Assent: A Problem
			Lucy v. Zehmer
			Relational Background: The Politics and Economics of Lucy v. Zehmer
				Barak Richman & Dennis Schmelzer, When Money Grew on Trees: Lucy v. Zehmer and Contracting in a Boom Market
			Restatement (Second) of Contracts
		B. WHAT IS AN OFFER?
			1. Preliminary Negotiations
				Nebraska Seed Co. v. Harsh
				Lefkowitz v. Great Minneapolis Surplus Store, Inc.
				Leonard v. PepsiCo
				Restatement (Second) of Contracts
				Sales Contracts: The Uniform Commercial Code
			2. Written Memorial Contemplated
				Empro Manufacturing Co. v. Ball-Co Manufacturing, Inc.
				Restatement (Second) of Contracts
				Arnold Palmer Golf Co. v. Fuqua Industries, Inc.
				Memorandum of Intent for the Acquisition of 25% of the Stock of Arnold Palmer Golf Company in Exchange for Certain Assets of Fuqua Industries, Inc.
				Copeland v. Baskin Robbins U.S.A.
			3. Revoking an Offer
				Dickinson v. Dodds
				Restatement (Second) of Contracts
				Legal Background: The Emergence of “Firm Offers”
				Sales Contracts: The Uniform Commercial Code
		C. WHAT IS AN ACCEPTANCE?
			1. Acceptance That Varies Terms — The Mirror Image Rule
				Ardente v. Horan
				Restatement (Second) of Contracts
			2. Acceptance by Correspondence — The Mailbox Rule
				Restatement (Second) of Contracts
			3. Acceptance by Performance or “Unilateral” Contracts?
				Carlill v. Carbolic Smoke Ball Co.
				Relational Background: The Smoke Ball and Nineteenth-Century Patent Medicine
					A. W. B. Simpson, Quackery and Contract Law: The Case of the Carbolic Smoke Ball
				Restatement (Second) of Contracts
				White v. Corlies & Tifft
				Poetic Background: Llewellyn’s Verse
				Restatement (Second) of Contracts
				Petterson v. Pattberg
				Relational Background: Additional Information About Petterson v. Pattberg
					Samuel Blinkoff, Note
				Restatement (Second) of Contracts
			4. Acceptance by Silence
				Hobbs v. Massasoit Whip Co.
				Restatement (Second) of Contracts
		D. E-COMMERCE AND MUTUAL ASSENT
			Nguyen v. Barnes & Noble Inc.
			Empirical Evidence on the Use of Online Contracting
				Florencia Marotta-Wurgler, Some Realities of Online Contracting
	5 DISCERNING THE AGREEMENT
		A. INTERPRETING THE MEANING OF THE TERMS
			1. Ambiguous Terms
				Raffles v. Wichelhaus
				Relational Background: What “to arrive ex Peerless” Really Meant
					Grant Gilmore, The Death of Contract
					A. W. B. Simpson, Contracts for Cotton to Arrive: The Case of the Two Ships Peerless
				Oswald v. Allen
				Restatement (Second) of Contracts
				Sales Contracts: The Uniform Commercial Code
			2. Vague Terms
				Weinberg v. Edelstein
				Frigaliment Importing Co. v. B.N.S. International Sales Corp.
		B. FILLING GAPS IN THE TERMS
			1. Agreements to Agree
				Sun Printing & Publishing Ass’n v. Remington Paper & Power Co.
				Restatement (Second) of Contracts
			2. Illusory Promises
				New York Central Iron Works Co. v. United States Radiator Co.
				Eastern Air Lines, Inc. v. Gulf Oil Corp.
				Wood v. Lucy, Lady Duff-Gordon
				Biographical Background: Who Was Lucy, Lady Duff-Gordon?
					Meredith Etherington-Smith & Jeremy Pilcher, The “It” Girls
					Stephen Cox, Mysteries of the Titanic
				Biographical and Relational Background: Who Was Otis Wood and Why Did He Omit a “Best Efforts” Clause?
					Victor Goldberg, Framing Contract Law: An Economic Perspective
				Sales Contracts: The Uniform Commercial Code
		C. IDENTIFYING THE TERMS OF THE AGREEMENT
			1. Form Contracts or “Contracts of Adhesion”
				Carnival Cruise Lines v. Shute
					Compagno v. Commodore Cruise Line, Ltd.
				Caspi v. Microsoft Network
				Restatement (Second) of Contracts
			2. Which Terms Were Agreed To?
				Step-Saver Data Systems, Inc. v. Wyse Technology
				Sales Contracts: The Uniform Commercial Code
				Union Carbide Corp. v. Oscar Mayer Foods Corp.
			3. Terms That Follow Later
				ProCD v. Zeidenberg
				Hill v. Gateway 2000
				Klocek v. Gateway
	6 WRITTEN MANIFESTATIONS OF ASSENT
		A. INTERPRETING A WRITING — THE PAROL EVIDENCE RULE
			Thompson v. Libbey
			Masterson v. Sine
			Restatement (Second) of Contracts
			Carter Baron Drilling v. Badger Oil Corp.
			Sales Contracts: The Uniform Commercial Code
			Pacific Gas and Electric Co. v. G. W. Thomas Drayage & Rigging Co.
			Trident Center v. Connecticut General Life Insurance Co.
			Comparative Law Background: The Parol Evidence Rule Under the United Nations Convention on Contracts for the International Sale of Goods
				Daniel D. Barnhizer, CISG as an Alternative System of Default Rules Governing the Sale of Goods
		B. REQUIRING A WRITING — THE STATUTE OF FRAUDS
			Restatement (Second) of Contracts
			1. The Statute and Its Exceptions
				Boone v. Coe
				Restatement (Second) of Contracts
				C.R. Klewin, Inc. v. Flagship Properties, Inc.
				Restatement (Second) of Contracts
				Riley v. Capital Airlines, Inc.
				Sales Contracts: The Uniform Commercial Code
				Restatement (Second) of Contracts
			2. Satisfying the Requirement of a Writing
				Schwedes v. Romain
				Restatement (Second) of Contracts
				Ethical Background: The Role of the Lawyer in Schwedes
				American Bar Association Model Rules of Professional Conduct (2002)
	7 MULTIPARTY TRANSACTIONS
		A. TRANSFERRING RIGHTS OR DUTIES TO THIRD PARTIES
			Legal Background: Introduction to Assignment and Delegation
				E. Allan Farnsworth, Contracts
			1. Assignment of Contractual Rights
				Kelly Health Care v. The Prudential Insurance Co. of America
				Restatement (Second) of Contracts
				In re Nance
				Restatement (Second) of Contracts
			2. Delegation of Contractual Duties
				Sally Beauty Co. v. Nexxus Products Co.
				Sales Contracts: The Uniform Commercial Code
		B. THIRD-PARTY BENEFICIARIES OF A CONTRACT
			1. The Birth of the Third-Party Beneficiary Rule
				Lawrence v. Fox
				Relational Background
					Anthony Jon Waters, The Property in the Promise: A Study of the Third Party Beneficiary Rule
			2. Intended Beneficiaries
				Seaver v. Ransom
				Restatement (Second) of Contracts
			3. Distinguishing Intended from Incidental Beneficiaries
				Sisters of St. Joseph of Peace, Health, and Hospital Services v. Russell
				Restatement (Second) of Contracts
III ENFORCEABILITY
	8 PRINCIPLES OF ENFORCEABILITY
		A. SIX CORE PRINCIPLES OF ENFORCEABILITY
			1. Party-Based Principles
			2. Standards-Based Principles
			3. Process Principles
			4. Integrating the Core Principles of Enforceability
		B. APPLYING THE PRINCIPLES OF ENFORCEABILITY TO A CASE
			Michelle Marvin v. Lee Marvin
			Frances Morone v. Frank Morone
			Sari Posner v. Victor Posner
	9 THE DOCTRINE OF CONSIDERATION
		A. THE HISTORICAL ORIGINS OF THE DOCTRINE
			Historical Background: The Origins of the Doctrine of Consideration
				A. W. B. Simpson, The Doctrine of Consideration — Introduction
		B. THE BARGAIN THEORY OF CONSIDERATION
			Economics Background: Bargains and the Division of Labor
				Adam Smith, Lectures on Jurisprudence
				Adam Smith, The Wealth of Nations
			1. Distinguishing Bargains from Gratuitous Promises
				Johnson v. Otterbein University
				Hamer v. Sidway
				Relational Background: Other Dealings Between Willie and His Uncle
					Hamer v. Sidway (N.Y. Supreme Court)
				Kirksey v. Kirksey
				Relational Background: “Dear Sister Antillico”
					William R. Casto & Val D. Ricks, “Dear Sister Antillico…”: The Story of Kirksey v. Kirksey
					Dahl v. HEM Pharmaceuticals Corp.
				Restatement (Second) of Contracts
			2. Past Consideration
				Moore v. Elmer
			3. Moral Consideration
				Mills v. Wyman
				Relational Background: Levi Lives!
					Geoffrey R. Watson, In the Tribunal of Conscience: Mills v. Wyman Reconsidered
				Boothe v. Fitzpatrick
				Webb v. McGowin
				Webb v. McGowin (Ala. Supreme Court)
				Relational Background: Was a Promise Made?
					Richard Danzig & Geoffrey R. Watson, The Capability Problem in Contracts
				Restatement (Second) of Contracts
		C. CONTRACT MODIFICATION AND THE PREEXISTING DUTY RULE
			Harris v. Watson
			Stilk v. Myrick
			Alaska Packers’ Ass’n v. Domenico
			Relational Background: Were the Fishing Nets Really Rotten?
				Debora L. Threedy, A Fish Story: Alaska Packers’ Association v. Domenico
			Brian Construction and Development Co. v. Brighenti
			Restatement (Second) of Contracts
			Sales Contracts: The Uniform Commercial Code
				United States v. Stump Home Specialties Manufacturing
		D. ADEQUACY OF CONSIDERATION
			Economics Background: Subjectivity and the Inequality of Exchange
				Ludwig von Mises, Human Action
			Newman & Snell’s State Bank v. Hunter
			Restatement (Second) of Contracts
			Dyer v. National By-Products, Inc.
	10 THE INTENTION TO BE LEGALLY BOUND
		Comparative Law Background: The English Law of Contract
			Intention to Create Legal Relations
		A. USING FORMALITIES TO MANIFEST AN INTENTION TO BE LEGALLY BOUND
			1. The Seal
				Aller v. Aller
				Statutory Background: New Jersey Changes Its Mind
				Wagner v. Lectrox Corp.
				Restatement (Second) of Contracts
				Sales Contracts: The Uniform Commercial Code
			2. Nominal Consideration
				Schnell v. Nell
				Statutory Background: Documents Under Seal in Indiana
					Lon L. Fuller, Basic Contract Law
				Restatement (Second) of Contracts
			3. Recitals
				Smith v. Wheeler
				Jolles v. Wittenberg
				Restatement (Second) of Contracts
			4. Written Expression of Intention to Be Legally Bound
				Legislative Background: The Rationale for the Uniform Written Obligations Act
					Handbook of the National Conference of Commissioners on Uniform State Laws & Proceedings of the Thirty-Fifth Annual Meeting
				Thomas v. First National Bank of Scranton
				Kay v. Kay
				Federal Deposit Insurance Corp. v. Barness
				First Federal Savings and Loan Ass’n of Pittston v. Reggie
		B. LACK OF INTENTION TO BE LEGALLY BOUND
			Ferrera v. A. C. Nielsen
			Evenson v. Colorado Farm Bureau Mutual Insurance Co.
			Eiland v. Wolf
	11 THE DOCTRINE OF PROMISSORY ESTOPPEL
		Historical Background: Early Alternatives to the Doctrine of Consideration
			A. W. B. Simpson, The Doctrine of Consideration — Introduction
		A. THE DEVELOPMENT OF PROMISSORY ESTOPPEL AS A SUBSTITUTE FOR CONSIDERATION
			1. Family Promises
				Ricketts v. Scothorn
				Historical Background: The Doctrine of Equitable Estoppel
					John Norton Pomeroy, Essential Elements Constituting the Estoppel
					Discussion of the Tentative Draft of Contracts, Restatement No. 2
			2. Promises to Convey Land
				Greiner v. Greiner
				Restatement (Second) of Contracts
			3. Promises of a Pension
				Feinberg v. Pfeiffer Co.
				Pitts v. McGraw-Edison Co.
			4. Construction Bids
				James Baird Co. v. Gimbel Bros., Inc.
				Relational Background: More About the “Mistake”
					Lon L. Fuller, Basic Contract Law
				Drennan v. Star Paving Co.
				Restatement (Second) of Contracts
			5. Charitable Subscriptions
				Allegheny College v. National Chautauqua County Bank of Jamestown
		B. PROMISSORY ESTOPPEL AS AN ALTERNATIVE TO BREACH OF CONTRACT
			Goodman v. Dicker
			Hoffman v. Red Owl Stores, Inc.
			Relational Background: What Was the Promise in Red Owl Stores?
				William C. Whitford & Stewart Macaulay, Hoffman v. Red Owl Stores: The Rest of the Story
			Restatement (Second) of Contracts
			Restatement (Second) of Torts (1977)
			Doctrinal Background: The Tort of Promissory Misrepresentation
				Randy E. Barnett & Mary E. Becker, Beyond Reliance: Promissory Estoppel, Contract Formalities, and Misrepresentations
			Theoretical Background: The Death of Contract?
				Grant Gilmore, The Death of Contract
				E. Allan Farnsworth, Developments in Contract Law During the 1980s: The Top Ten
			Empirical Background: Promissory Estoppel in the Nineties
				Robert A. Hillman, Questioning the “New Consensus” on Promissory Estoppel: An Empirical and Theoretical Study
		C. ESTABLISHING THE “ELEMENTS” OF PROMISSORY ESTOPPEL
			1. Promise
				Blatt v. University of Southern California
				Spooner v. Reserve Life Insurance Co.
				Ypsilanti v. General Motors
				Ypsilanti v. General Motors (Mich. Appeals Court)
				Relational Background: Settlement of the Case
					James Bennet, G.M. Settles Suit over Plant Closing
			2. Reasonable Reliance
				Alden v. Vernon Presley
			3. Injustice of Nonenforcement
				Cohen v. Cowles Media Co. (Minn. Supreme Court)
				Cohen v. Cowles Media Co. (U.S. Supreme Court)
				Cohen v. Cowles Media Co. (Minn. Supreme Court)
				Empirical Background: The Elements of Promissory Estoppel
					Robert A. Hillman, Questioning the “New Consensus” on Promissory Estoppel: An Empirical and Theoretical Study
					Sidney W. DeLong, The New Requirement of Enforcement Reliance in Commercial Promissory Estoppel: Section 90 as Catch-22
		D. A HYPOTHETICAL ALTERNATIVE TO RESTATEMENT §90
			Restatement (Third) of Contracts
IV PERFORMANCE AND BREACH
	12 PERFORMANCE
		A. THE IMPLIED DUTY OF GOOD FAITH PERFORMANCE
			Goldberg 168-05 Corp. v. Levy
			Mutual Life Insurance Co. of New York v. Tailored Woman
			Stop & Shop, Inc. v. Ganem
			Food Fair Stores, Inc. v. Blumberg
			The Original Great American Chocolate Chip Cookie Co. v. River Valley Cookies, Ltd.
			Restatement (Second) of Contracts
			Sales Contracts: The Uniform Commercial Code
		B. IMPLIED AND EXPRESS WARRANTIES
			1. Implied Warranties of Merchantability and Fitness for a Particular Purpose
				Vlases v. Montgomery Ward & Company
				Sales Contracts: The Uniform Commercial Code
			2. Express Warranties
				Royal Business Machines, Inc. v. Lorraine Corp.
				Sales Contracts: The Uniform Commercial Code
				CBS, Inc. v. Ziff-Davis Publishing Co.
			3. Express Disclaimers of Warranty
				Schneider v. Miller
				Pelc v. Simmons
				Sales Contracts: The Uniform Commercial Code
				Morris v. Mack’s Used Cars
	13 CONDITIONS
		A. THE EFFECT OF A CONDITION
			Inman v. Clyde Hall Drilling Co.
			Understanding the Effects of Conditions: A Problem
		B. WHAT EVENTS ARE CONDITIONS?
			1. Is the Event a Condition, a Promise, or Both?
				Howard v. Federal Crop Insurance Corp.
				Restatement (Second) of Contracts
			2. Is the Event a Condition, a Promise, or Neither?
				Chirichella v. Erwin
		C. AVOIDING CONDITIONS
			1. Waiver and Estoppel
				Clark v. West
				Restatement (Second) of Contracts
				Sales Contracts: The Uniform Commercial Code
			2. Excuse to Prevent Forfeiture
				J.N.A. Realty Corp. v. Cross Bay Chelsea, Inc.
				Restatement (Second) of Contracts
	14 BREACH
		A. FAULT AND BREACH OF CONTRACT
			Cohen v. Clark
		B. CONSTRUCTIVE CONDITIONS
			Kingston v. Preston
			Morton v. Lamb
			Jacob & Youngs v. Kent
			Jacob & Youngs v. Kent (Motion for Reargument)
			Relational Background: Why All the Fuss About Reading Pipe?
				Richard Danzig, The Capability Problem in Contract Law
		C. PROSPECTIVE NONPERFORMANCE
			1. Anticipatory Repudiation
				Albert Hochster v. Edgar De La Tour
				Harrell v. Sea Colony, Inc.
				Sales Contracts: The Uniform Commercial Code
			2. Adequate Assurances of Performance
				Scott v. Crown
				Sales Contracts: The Uniform Commercial Code
			3. Material Breach
				B & B Equipment Co. v. Bowen
				Lane Enterprises, Inc. v. L. B. Foster Co.
				Did Shawn Kemp Materially Breach? A Problem
			4. The Perfect Tender Rule: Cure and Rescission
				Ramirez v. Autosport
				Sales Contracts: The Uniform Commercial Code
		D. COST OF COMPLETION VS. DIMINUTION IN VALUE: THE EXPECTATION INTEREST REVISITED
			Groves v. John Wunder Co.
			Peevyhouse v. Garland Coal Mining Co.
			Restatement (Second) of Contracts
			Relational and Legal Background: Is Peevyhouse a Lesson in Lawyering or Corruption?
				Judith L. Maute, Peevyhouse v. Garland Coal Co. Revisited: The Ballad of Willie and Lucille
V DEFENSES TO CONTRACTUAL OBLIGATION
	15 LACK OF CONTRACTUAL CAPACITY
		A. INTRODUCTION — REBUTTING THE PRIMA FACIE CASE OF CONTRACT
			Theoretical Background: Legal Rules as Presumptions
				Richard A. Epstein, Pleadings and Presumptions
		B. DEFICIENCIES IN CONTRACTUAL CAPACITY
			1. Incompetence
				Ortelere v. Teachers’ Retirement Board of New York
				Restatement (Second) of Contracts
			2. Infancy
				Webster Street Partnership, Ltd. v. Sheridan
					Halbman v. Lemke
					Zelnick v. Adams
				Historical Background: The Extension of Childhood
					Hillary Rodham, Children’s Rights: A Legal Perspective
				Brooke Shields v. Gross
				Restatement (Second) of Contracts
	16 ASSENT IMPROPERLY OBTAINED AND ASSENT TO IMPROPER TERMS
		A. MISREPRESENTATION
			Halpert v. Rosenthal
			Restatement (Second) of Contracts
			Byers v. Federal Land Co.
			Vokes v. Arthur Murray, Inc.
			Restatement (Second) of Contracts
		B. DURESS
			Hackley v. Headley
			Austin Instrument v. Loral Corp.
			United States v. Progressive Enterprises
			Restatement (Second) of Contracts
		C. UNDUE INFLUENCE
			Odorizzi v. Bloomfield School District
			Relational Background: Donald Odorizzi’s Story
			Restatement (Second) of Contracts
		D. UNCONSCIONABILITY
			Williams v. Walker-Thomas Furniture Co.
			Sales Contracts: The Uniform Commercial Code
			Restatement (Second) of Contracts
			In re RealNetworks
			Discover Bank v. Superior Court
			Gatton v. T-Mobile USA, Inc.
		E. ENFORCEABILITY OF ARBITRATION CLAUSES IN FORM CONTRACTS
			AT&T Mobility v. Concepcion
			Samaniego v. Empire Today, LLC
			Commercial Background: Contracting Around Government Courts and State-Created Contract Law
				Lisa Bernstein, Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry
		F. PUBLIC POLICY
			Hanford v. Connecticut Fair Ass’n, Inc.
			A.Z. v. B.Z.
			Legal Background: Freedom of Contract
				Printing and Numerical Registering Co. v. Sampson
			Restatement (Second) of Contracts
	17 FAILURE OF A BASIC ASSUMPTION
		A. MISTAKES OF PRESENT EXISTING FACTS
			1. Mutual Mistake
				Sherwood v. Walker
				Nester v. Michigan Land & Iron Co.
				Wood v. Boynton
				Lenawee County Board of Health v. Messerly
				Restatement (Second) of Contracts
			2. Unilateral Mistake and the Duty to Disclose
				Tyra v. Cheney
				Drennan v. Star Paving Co.
				Restatement (Second) of Contracts
				Laidlaw v. Organ
				Restatement (Second) of Contracts
				The Baseball Card Case: A Problem
			3. Mistake and “Smart Contracts”
				B2C2 Ltd v. Quoine Pte Ltd
				UK Jurisdiction Taskforce, Legal Statement on Cryptoassets and Smart Contracts
		B. CHANGED CIRCUMSTANCES
			1. Impossibility and Impracticability
				Paradine v. Jane
				Historical Background: The “Alien” Prince Rupert
				Historical Background: One View of How and Why Paradine v. Jane Became a Leading Case
					Grant Gilmore, The Death of Contract
				Taylor v. Caldwell
				Restatement (Second) of Contracts
				Sales Contracts: The Uniform Commercial Code
				CNA & American Casualty v. Arlyn Phoenix
				Transatlantic Financing Corp. v. United States
				Sales Contracts: The Uniform Commercial Code
			2. Frustration of Purposes
				Krell v. Henry
				Historical Background: The Ailing King
					E. Allan Farnsworth & William F. Young, Contracts
				Legal Background: Should the Loss “Lie Where It Fell”?
				Lloyd v. Murphy
				Restatement (Second) of Contracts
		C. ALLOCATION OF RISK IN LONG-TERM CONTRACTS
			Aluminum Company of America v. Essex Group, Inc.
			Procedural Background: The Aftermath of the ALCOA Decision
			Northern Indiana Public Service Co. v. Carbon County Coal Co.
			Empirical Background: Survey of Corporate Counsel
				Russell J. Weintraub, A Survey of Contract Practice and Policy
Table of Judges
Table of Cases
Table of Statutes
Index