Contracts: Cases and Doctrine

Aspen Casebook Series

by Randy E. Barnett, Nathan B. Oman

Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stress current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context.

The 8th Edition has been streamlined and edited to delete materials that are rarely covered in a 1L class. This edition includes new cases that have been chosen for their topicality, facts, or pedagogical usefulness. Areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, the authors focus on cases with facts that will be easier to teach. New cases in this edition include litigation between Ukraine and Russia over Russia’s invasion of its neighbor, a plea bargaining deal gone wrong, what happens when an employee signs a boilerplate arbitration contract “No Rejected,” and a dispute over whether spiders are insects.

New to the 8th
In order to keep the size of the book manageable, the authors have simplified its structure by condensing some of the more theoretical material on enforceability. The chapters on Principles of Enforceability and Intention to be Legally Bound have been deleted entirely, and highly truncated portions of the materials from these chapters have been added to the chapters on The Doctrine of Consideration and The Doctrine of Promissory Estoppel.

New cases
• In re IBP Inc. Shareholders Litigation (specific performance of a merger agreement involving personal services)
• Bjorkman v. Arctic Cat, Inc. (modern application of the rule in Dickinson v. Dodds)
• Ragland v. IEC US Holdings, Inc. (a new employee signed a boilerplate arbitration contract “No Rejected”)
• Rios v. State of Maryland (confused bargaining over a plea bargaining agreement)
• Robinson v. Liberty Mutual Insurance Co. (What is a spider? An example of neo-textualist interpretation)
• Law Debenture Trust Corp. Plc. v. Ukraine (litigation between two countries – Russia and Ukraine – in the courts of a third country, England)
• Martinez-Gonzalez v. Elkhorn Packing Co. LLC (duress in an employment contract involving a migrant worker)

Professors and student will benefit
• Case-based approach gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory.
• Cases are lightly edited, or presented as whole as possible, to give first-year students the opportunity to develop case-analysis skills.
• Restatement and UCC sections are integrated to encourage students to consult them as they read the cases.
• Iconic and contemporary cases are combined to show how the classic cases are still relevant.
• Each chapter begins with a brief, accessible textual introduction.
• Study Guide questions before each case help focus student attention on salient issues.
• Flexible organization begins with Remedies, but chapters can be taught in any order.

Genres: Law, Nonfiction, Politics, Legal

1119 pages, Kindle Edition

First published December 31, 1995

Reviews

[Amy · Rating 4 out of 5]

Interesting for a textbook with lots of good background extras included. My only complaint is its heavy reliance on unintelligible old English case law.

[Edward · Rating 4 out of 5]

I read significant portions of this case book for a two semester contracts class taught by Professor Chung at Albany Law School.

I think most students do not enter law school to study the law of contracts. I know I didn't. For whatever reason it was not what inspired me to become a lawyer. However, after reading this case book and being introduced to the topic the law of contracts is throughly interesting and something that I wouldn't mind studying more of or even practicing in the future.

Barnett's casebook presents the law of contracts in a very clear way mostly through case law buttressed by law review articles, treatise excerpts, sections of the restatement of contracts.

Overall, one of the better case books I have read

[Maddie Nixon · Rating 1 out of 5]

Would not recommend 😔

[Sandra · Rating 1 out of 5]

Hate the class, so that doesn't help with my opinion about this book, but the layout could have been much better in order to be more effective reading.

[Sam Andrus · Rating 3 out of 5]

Cons, tracts, and everything in between -Jeffery e statement

[Dylan Kochan · Rating 4 out of 5]

My professor wrote this book. I sincerely enjoyed his class. He also introduced me to a wonderful book called, "Law & Revolution: The History of Western Tradition," which analyzes how Catholic Papal reforms contributed to the Western legal tradition (this is one area of focus in the book that interests me).

[Tanner · Rating 3 out of 5]

Contracts was not my favorite class, but I did like the supplemental essays and background in this book that helped you see law as more than just the text of the case.

[Claire · Rating 1 out of 5]

Terrible. Do not recommend.

[Jackie Days · Rating 5 out of 5]

My guiding light, my North Star <3 I love you, contracts

[Andrew Spratley · Rating 1 out of 5]

As a law students- this book gives me pain and suffering especially when the professor cannot explain the topics presented.

[SK]

“What is a chicken?” is in fact a question this casebook attempts to answer.

[Ishani Patel · Rating 4 out of 5]

Honestly the best casebook I had this semester. The cases were decently interesting and I was usually able to follow along with what was happening.

[Hana · Rating 3 out of 5]

me when i lie and say i read this whole thing

[Jake · Rating 2 out of 5]

A K-law casebook is not for everyone, but perhaps for your aspiring lawyer friend or significant other, or perhaps to shut up that precocious teenager who, having just read Nietzsche or Turgenov, thinks he knows everything. It that case, Barnett's choice to include short essays flushing out the historical background is a welcome departure from your typical casebook, which prizes a ongoing series of open-ended questions that are typically irrelevant to the course as taught.

[mz · Rating 3 out of 5]

I found the prose and organization of this casebook easy to understand. Although I never had time to read them, I liked that Barnett included historical background on some of the major cases and that he included diverse perspectives on contract law.

[Patrick · Rating 5 out of 5]

Hilarious and riveting ride through the development and current state of contract affairs in the USA (plus some riotous cases from 17th century England).

[sologdin · Rating 2 out of 5]

by far the best course in lawyer school. this text is fine for it. works through ye olde English common law doctrines with proficiency.