Contract and Related Obligation: Theory, Doctrine, and Practice

by Robert S. Summers, Robert Hillman, David Hoffman

This casebook focuses on the rules and principles of contract law, as well as the lawyer's role in planning and drafting contracts. Chapter One traces a contract case from the agreement stage, to a breakdown in the parties' relationship, to a lawsuit, to a decision in the trial court, and finally to the appellate court's opinion. It includes supporting material, including the parties' agreement, a correspondence from the lawyer to the client, the complaint, a motion to dismiss, the answer, the trial judge's charge to the jury, the special verdict form, the trial judge's decision on motions after the verdict, and the appellate court opinion. These materials help students understand where cases come from and lawyers' various roles, including planning, negotiating, counseling, drafting, as well as litigating. Following the introduction, this casebook presents extensive material on the theory and practice of transactional planning and drafting, as well as additional materials from lawyers involved in the cases.

The Eighth Edition offers comprehensive coverage of contract law theories of obligation, including bargain, promissory estoppel, unjust enrichment, and tort arising in the contract setting. This edition includes new cases and secondary sources on developing issues of contract law. In particular, the casebook introduces several new readings on electronic contracts, algorithmic contracting, and the relationship of contracting to public health. Many of the secondary readings have been condensed and summarized, and the overall book has been streamlined. The casebook retains its strength in traditional subjects such as good faith, parol evidence, gap filling, conditional obligation, and breach, but the Eighth Edition contains fewer pages (and one less chapter) than earlier editions and is suitable for a 4, 5 or 6 hour course.

Genres: Law, Textbooks

1275 pages, Hardcover

First published January 1, 1987

About the author

Robert Samuel Summers, LL.B. (b. 1933) retired from the post of William G. McRoberts Research Professor in the Administration of the Law at the Cornell Law School in Ithaca, NY, in 2011.

Reviews

[Colleen]

summers and hillman were high when they wrote this

[Julia Johnson]

unfortunately I still get confused by damages & battle of the forms 🥀

[Clé]

I’m only obligated to never talk about contracts again

[hanna · Rating 1 out of 5]

the worst literary experience of my entire life

[Erin Mehigan · Rating 3 out of 5]

Yes, I am taking credit for my law school books.

[Jiewei Li · Rating 4 out of 5]

I LOVE CONTRACTS! FAVORITE CLASS BY A LANDSLIDE!

Hear me out: I think we need something like No Fear Shakespeare in Contracts textbooks for Cardozo opinions.

[Arianna Laufer · Rating 4 out of 5]

Mmmmmmm we will see tomorrow

[Zach Welch · Rating 2 out of 5]

“I do not know which [four corners or contextual approach] to choose, and it is all dark to me.”
— Frodo in The Two Towers

Also, “There are older and fouler things than [the parole evidence rule] in the deep places of the world.”
— Gandalf in The Fellowship of the Ring

[Abby Weintz · Rating 1 out of 5]

i've never had a worse experience than reading 50 pages per class of 10 cases that were all abridged to the point of incoherence in 1L contracts. good riddance.

[Nikolai Rura · Rating 5 out of 5]

Prof. Hillman is a legend