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 stresses 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 Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This edition adds new cases that have been chosen for their topicality, facts, or pedagogical usefulness. New areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, we have tried to focus on cases with facts that will be easier to teach. New cases in this edition include a contract with a spy that turns out to be a double agent for the KGB, the effect of pandemics on contractual obligations, the gambling shenanigans of a royal prince, and emotional support animals.

New to the Seventh

In order to keep the size of the book manageable, we have eliminated the section on the signature requirement under the statute of frauds and have slimmed down the materials on internet contracting, which is no longer the “cutting edge” area that once it was.New cases General v. Blake (restitution damages for breach of contract against a British spy who defected to the USSR)Snepp v. United States (squib) (constructive trust against an American spy for breach of contract)Al-Ibrahim v. Edde (denied an unjust enrichment remedy to unwind a contact declared unenforceable for illegality)Pelletier v. Johnson (claim for unjust enrichment allowed to unwind a contract declared unenforceable for illegality)Carter Baron Drilling v. Badger Oil Corp. (discussing the parole evidence rule under the UCC)C.R. Klewin Inc. v. Flagship Properties, Inc. (the exception to the 1-year requirement under the statute of frauds)Cohen v. Clark (case imposing liability on a breaching party that everyone agrees breached in “good faith”; illustrates the strictness of contractual liability)Hanford v. Connecticut Fair Ass’n, Inc. (public policy exception for public health in time of a pandemic)B2C2 Ltd v. Quoine Ltd Pte (unilateral mistake case dealing with “smart contracts”)Professors and student will benefit

Case-based approach that gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory.Cases that 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 integrated to encourage students to consult them as they read the cases.Iconic and contemporary cases combined to show how the classic cases are still relevant.Chapters that begin with a brief, accessible textual introductions.Study Guide questions before each case help focus student attention on salient issues.

Genres: Law, Nonfiction, Politics, Legal

1249 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

[Breanna McClarey · Rating 4 out of 5]

I seriously gaslit myself into pretending I enjoy contracts, smaller textbook than other courses which was nice, please for the love of God edit the cases from the 16th and 1700s into normal English!

[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.