EDITABLE AUTHOR ORIGINAL
Contract Doctrine, Theory & Practice Volume Three
first Edition
J.H. Verkerke
J.H. Verkerke
 
Contract Doctrine
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Contract Doctrine, Theory & Practice Volume Three

J.H. Verkerke, Contract Doctrine, Theory & Practice, Published by CALI eLangdell Press. Available under a Creative Commons BY-SA 3.0 License. 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.

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About the Book

This is Volume 3 in a three volume series written for Contracts Law.  Its former title is "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.

About the Contributors

Author(s)

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.

Table Of Contents
  • Introduction - Contract Doctrine, Theory & Practice
    • Notices
    • About the Author
    • About CALI eLangdell Press
    • Preface
  • Chapter One - Identifying and Interpreting the Terms of an Agreement
    • 1.1 - The Common Law Parol Evidence Rule
      • 1.1.1 - Principal Case – Mitchill v. Lath
      • 1.1.2 - Principal Case – Masterson v. Sine
    • 1.2 - The UCC Parol Evidence Rule
      • 1.2.1 - Principal Case – Hunt Foods & Industries v. Doliner
    • 1.3 - Interpretation
  • Chapter Two - Remedies for Breach
    • 2.1 - Monetary Damages
      • 2.1.1 - Introduction
      • 2.1.2 - Principal Case – Freund v. Washington Square Press
      • 2.1.3 - The “Coase Theorem” and Efficient Breach
    • 2.2 - Specific Performance
      • 2.2.1 - Principal Case – Klein v. Pepsico
      • 2.2.2 - Principal Case – Sedmak v. Charlie’s Chevrolet, Inc.
    • 2.3 - Limitations on Damages
      • 2.3.1 - Principal Case – Hadley v. Baxendale
      • 2.3.2 - Introduction to the Certainty Limitation
      • 2.3.3 - Principal Case – Drews Company v. Ledwith-Wolfe Associates
      • 2.3.4 - Introduction to Avoidability and Mitigation
      • 2.3.5 - Principal Case – Rockingham County v. Luten Bridge Co.
      • 2.3.6 - Principal Case – Parker v. Twentieth Century-Fox Film Corp.
    • 2.4 - Cost of Completion vs. Difference in Value
      • 2.4.1 - Principal Case – American Standard v. Schectman
      • 2.4.2 - Principal Case – Peevyhouse v. Garland Coal & Mining Co.
    • 2.5 - Liquidated Damages
      • 2.5.1 - Principal Case – Lake River Corp. v. Carborundum Co.
      • 2.5.2 - Principal Case – C & H Sugar Co. v. Sun Ship

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