Emanuel Law Outlines for Contracts

902 Pages·2015·7.47 MB·English

by  Steven L. Emanuel

CONTRACTS
ELEVENTH EDITION

STEVEN L. EMANUEL
Founder & Editor-in-Chief, Emanuel Law Outlines and Emanuel Bar Review
Harvard Law School, J.D. 1976
Member, NY, CT, MD and VA bars

®
The Emanuel Law Outlines Series
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Dedication
To my son Michael,
who was conceived after this book was
and who was born before this book was
S.L.E.
Abbreviations Used in Text
CASEBOOKS
Barnett — Randy Barnett, Contracts, Cases and Doctrine (5th Ed. 2012 —
Wolters Kluwer)
CPB&B — Calamari, Perillo, Bender & Brown, Cases and Problems on
Contracts (6th Ed. 2011 — West / Thomson)
C&W — Crandall & Whaley, Cases, Problems and Materials on Contracts (6th
Ed. 2012 — Wolters Kluwer)
D,H&H — Dawson, Harvey and Henderson, Contracts, Cases and Comments
(7th Ed. 1998 — Foundation)
FSCB&G — Farnsworth, Sanger, Cohen, Brooks & Garvin, Cases and
Materials on Contracts (8th Ed. 2013 — Foundation)
FYSC&B — Farnsworth, Young, Sanger, Cohen & Brooks, Cases and
Materials on Contracts (7th Ed. 2008 — Foundation)
F&E — Fuller and Eisenberg, Basic Contract Law (6th Ed. 1996 — West
Publishing)
KC&P — Knapp, Crystal & Prince, Problems in Contract Law (7th Ed. 2012 —
Wolters Kluwer)
HORNBOOKS & TREATISES
C&P Hnbk — Calamari and Perillo, The Law of Contracts (6th Ed. 2009 —
West Publishing)
Corbin — Arthur Corbin, Corbin on Contracts (One-Volume Ed., 1952 — West
Publishing)
Farnsworth — E. Alan Farnsworth, Contracts (4th Ed. 2004 — Aspen)
Murray — John Murray, Jr., Murray on Contracts (3rd Ed. 1990 — Michie)
Simpson — Laurence Simpson, Handbook of the Law of Contracts (1965)
W&S — White and Summers, Uniform Commercial Code (4th Ed. 1995 —
West Publishing)
Williston — Samuel Williston, Williston on Contracts (3rd. Ed. 1959 — Baker,
Voorhis)
RESTATEMENTS AND CODES
Rest. 1st — First Restatement of Contracts (1932)
Rest. 2d — Second Restatement of Contracts (1981)
UCC — Uniform Commercial Code (2011)
OTHER
E — This volume. References of the form “E II(G)(1)(d)” refer to the paragraph
with that numbering scheme within the current chapter. These references
occur mostly in Tables and in Notes to Flow Charts.
SUMMARY OF CONTENTS
Table of Flow Charts, Checklists and Other Graphic Aids
Preface
Casebook Correlation Chart
Capsule Summary
1. INTRODUCTION
2. OFFER AND ACCEPTANCE
3. CONSIDERATION
4. PROMISES BINDING WITHOUT CONSIDERATION
5. MISTAKE
6. PAROL EVIDENCE AND INTERPRETATION
7. CONDITIONS, BREACH, AND OTHER ASPECTS OF
PERFORMANCE
8. ANTICIPATORY REPUDIATION AND OTHER ASPECTS OF
BREACH
9. STATUTE OF FRAUDS
10. REMEDIES
11. CONTRACTS INVOLVING MORE THAN TWO PARTIES
12. IMPOSSIBILITY, IMPRACTICABILITY, AND FRUSTRATION
13. MISCELLANEOUS DEFENSES: ILLEGALITY, DURESS,
MISREPRESENTATION, UNCONSCIONABILITY, AND LACK OF
CAPACITY
14. WARRANTIES
15. DISCHARGE OF CONTRACTS
Essay Exam Questions and Answers
Table of Cases
Table of UCC References
Table of Restatement References
Subject Matter Index