Cases and Materials on Contracts, Making and Doing Deals

David G. Epstein, University of Richmond School of Law

Bruce A. Markell, Northwestern University School of Law

Lawrence Ponoroff, Tulane University School of Law

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Table of Contents

Teacher's Manual

Among the changes from the last edition, this edition features:

• Assessment questions at the end of each chapter.
• We have expanded our treatment of electronic contracts by including a case dealing with the authenticity of electronic signatures and providing citation to external materials for those interested in learning more about the subject.
• As its importance begins to fade, we have slimmed down our treatment of the “battle of the forms” by replacing two cases with just one, but one that illustrates the basic points about the operation of § 2–207 that we think are most important to get across.
• We have also slimmed down our treatment of the doctrine of consideration, given its relative unimportance in the “real world,” although the section is probably still too long. There are some chestnut cases that we just couldn’t bring ourselves to delete.
• We have completely revised the section on the implied covenant of good faith and fair dealing, taking advantage of some of the many recent cases exploring this blossoming topic.
• We have rearranged and brought in new cases on the topics of parol evidence and conditions, as well as new revised notes on interpretation.
• We have also revised the impracticability and frustration sections by including a case discussing COVID’s effect on leases.
• We have tried to make the book more manageable by a combination of (1) eliminating some cases that did not really add a lot to what had already been covered, (2) substituting shorter cases that made the point just as well as the longer cases they replaced, and (3) more vigorously editing some existing cases.
• In addition, we are always on the lookout for cases—particularly newer cases—that will serve as better learning vehicles than the ones we have used in the past. We found several of them as well.
• We have switched out some of our remedies cases for newer, more focused ones that should lead to better discussions.

Learn more about this series.