Accordingly, this is predominantly a case book. We believe in the case method, and in extensive dialectical exchange between teacher and student, and between student and student. We have sought to provide materials that will enable students to: understand the leading rules and principles governing contract and related obligation, including the substantive reasons behind these rules and principles develop substantially the basic lawyer skills required to plan, draft, interpret, counsel, litigate, and negotiate in this field understand and deploy general theories of the nature, functions, and limits of contract and related law develop the general analytical and critical abilities and attitudes (including a keen regard for facts) that typify the good lawyer learn not only the deficiencies of, but also some of what is best about, American contract law, including its intellectual richness and what it teaches us about ourselves and our society. Five primary goals have guided the design and content of this book. September 2015 vħ PREFACE TO THE FIRST EDITION Goals. Did the plaintiff win? Read on and find out. * * * If the Plaintiff needed to sum up this entire case in one sentence, it is this: Two executives of the Disney Company are stalling the next evolution of human transportation on this planet. Walt Disney, wherein the plaintiff relied on the epic of Gilgamesh, Woody Guthrie, the Declaration of Independence, Noah and The Great Flood, Game of Thrones, Star Wars Episode V: The Empire Strikes Back, Star Trek, President Obama, and Euclid s proof of the Infinity of Primes, among other references.
Of course, we cannot promise that all cases will equal the stakes or flair of one of our new squibs, Alfred v. We hope (and believe) that students will find that these materials introduce theory, doctrine, and practice in an accessible, interesting, and enjoyable manner. Dave aimed to bring fresh ideas and new perspectives, without introducing an inordinate amount of error. Dave Hoffman, whose research focuses on contract law and behavior, has joined the book. Although Robert Summers has retired and did not actively contribute to this Seventh Edition, his insights and learned contributions remain the heart of this book. We have included in this front matter the Preface to the First Edition, which explains the goals and organization of the book. But the book s structure and much of the materials remain as in the earlier editions. We have omitted several cases and materials that have outlived their usefulness. Hillman ( ) Orson William Summers ( ) iiiĥ PREFACE TO THE SEVENTH EDITION As with previous editions, this Seventh Edition updates and freshens the materials with new cases, excerpts, and notes on important developments dealing with subjects such as promissory estoppel, the statute of frauds, remedies, the battle of the forms, Internet contracting, interpretation, conditions, and excuse. Printed in the United States of America ISBN:ģ IN MEMORY OF TWO OF OUR FATHERS WHO ALWAYS FULLY PERFORMED Herman D. Paul, MN West, West Academic Publishing, and West Academic are trademarks of West Publishing Corporation, used under license. d/b/a West Academic 444 Cedar Street, Suite 700 St. West, a Thomson business, 2001, Thomson Reuters 2016 LEG, Inc.
American Casebook Series is a trademark registered in the U.S. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.
Shusterman Professor of Transactional and Business Law, Temple University Beasley School of Law AMERICAN CASEBOOK SERIESĢ The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. Woodruff Professor of Law, Cornell Law School David A. Summers McRoberts Research Professor of Law, Emeritus Cornell Law School Robert A. 1 CONTRACT AND RELATED OBLIGATION THEORY, DOCTRINE, AND PRACTICE Seventh Edition Robert S.