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图书目录:1. Normative Underpinnings,
1.1 Enforcing Promises, The Rise and Fall of Freedom of Contract, P. S. Atiyah Contract as Promise, Charles Fried Notes on Enforcing Promises, 1.2 Selecting Default Rules, Contract Law, Default Rules, and the Philosophy of Promising, Richard Craswell Filling Gaps in Incomplete Contracts, Ian Ayres and Robert Gertner Notes on Selecting Default Rules, 1.3 Distributional Concerns, Passing on the Costs of Legal Rules, Richard Craswell Notes on Distributional Concerns, 2. Remedies for Breach, 2.1 Expectation Damages, Law and Economics, Robert Cooter and Thomas Ulen The Efficient Breach Fallacy, Daniel Friedmann Contract Remedies, Renegotiation, and the Theory of Efficient Breach, Richard CrasweU Notes on Expectation Damages, 2.2 Limits on the Expectation Measure, 2.2.1 Mitigation and Reliance by the Promisee, The Mitigation Principle, 54 Charles J. Goetz and Robert E. Scott Unity in Tort, Contract, and Property, Robert Cooter Notes on Mitigation and Reliance by the Promisee, 2.2.2 Consequential Damages, Beyond Foreseeability: Consequential Damages in the Law of Contract, Richard A. Epstein Contract Damages and Cross-Subsidization, Gwyn D. Quillen Information and the Scope of Liability for Breach of Contract, Lucian Ayre Bebchuk and Steven Shavell Notes on Consequential Damages, 2.2.3 Subjective Losses, Cost of Completion or Diminution in Market Value, Timothy J. Muris Proposals for Products Liability Reform, Alan Schwartz Notes on Subjective Losses, 2.3 Alternatives to Expectation Damages, 2.3.1 Specific Performance, The Case for Specific Performance, Alan Schwartz Notes on Specific Performance, 2.3.2 Liquidated Damages, Liquidated Damages, Penalties, and the Just Compensation Principle, Charles J. Goetz and Robert E. Scott Efficiency Implications of Penalties and Liquidated Damages, Samuel A. Rea, Jr. Notes on Liquidated Damages, 2.3.3 Rescission and Restitution, The Mitigation Principle, Chartes J. Goetz and Robert E. Scott Good Faith in the Enforcement of Contracts, Eric G. Andersen Notes on Rescission and Restitution, 2.3.4 Punitive Damages, Punitive Damages: Divergence in Search of a Rationale, Bruce Chapman and Michael Trebilcock Notes on Punitive Damages, 3. Defining the Performance Obligation, 3.1 Implied Excuses, 3.1.1 Impracticability, Frustration, and Mistake, Impossibility and Related Doctrines in Contract Law, Richard A. Posner and Andrew M. Rosenfield Contract as Promise, Charies Fried Mistake, Frustration, and the Windfall Principle of Contract Remedies, Andrew Kull Relational Contracts in the Courts, Alan Schwartz Notes on Impracticability, Frustration, and Mistake, 3.1.2 Nondisclosure and Unilateral Mistake, Mistake, Disclosure, Information, and the Law of Contracts, Anthony T. Kronman Legal Secrets, Kim Lane Scheppele Notes on Nondisclosure and Unilateral Mistake, 3.2 Implied Warranties, A Theory of the Consumer Product Warranty, George L. Priest Notes on Implied Warranties, 3.3 Relational Contracts, 3.3.1 Marketing and Supply Contracta, Principles of Relational Contracts, Charles J. Goetz and Robert E. Scott Relational Contracts in the Courts, Alan Schwartz Economic Analysis of Contractual Relations, Ian Macneil Notes on Marketing and Supply Contracts, 3.3.2 Termination Decisions, Transaction Cost Determinants of "Unfair" Contractual Arrangements, Benjamin Klein Problematic Relations: Franchising and the Law of Incomplete Contracts, Gillian K. Hadfield Notes on Termination Decisions, 3.4 Modification by the Parties, The Law of Contract Modification, Varouj A. Aivazian, Michael Trebilcock, and Michael Penny Notes on Modification by the Parties, 4. Contract Formation, 4.1 Bases for Enforcement, 4.1.1 Consideration, The Principles of Consideration, Melvin Aron Eisenberg Notes on Consideration, 4.1.2 Reliance, 231 Promissory Estoppel and Judicial Method, Jay M. Feinman The Promissory Basis of Section Edward Yorio and Steve Thel Notes on Reliance, 4.1.3 Formalities, Form and Substance in Private Law Adjudication, Duncan Kennedy Alchemical Notes: Reconstructing Ideals from Deconstructed Rights, Patricia J. Williams Notes on Formalities, 4.2 Offer and Acceptance, 4.2.1 Interpreting Offers, The Language of Offer and Acceptance, Peter Meijes Tiersma Mass Media and Offers to the Public, Peter Klik Notes on Interpreting Offers, 4.2.2 Unilateral Contracts, Modern Unilateral Contracts, Mark Pettit Jr., Notes on Unilateral Contracts, 4.2.3 Implied Contracts, Economic Analysis of Law, Richard A. Posner An Essay in the Deconstruction of Contract Doctrine, Clare Dalton Notes on Implied Contracts, 4.2.4 Preliminary Negotiations, Precontractual Liability and Preliminary Agreements, E. Allan Famsworth Notes on Preliminary Negotiations, 5. Unconscionability and Other Defenses, 5.1 Traditional Defenses, Unconscionability: A Critical Reappraisal, Richard A. Epstein Notes on Traditional Defenses, 5.2 Reasonable Expectations, Mass Contracts: Lawful Fraud in California,' W David Slawson Judge-Made Law and Judge-Made Insurance, Kenneth S. Abraham Notes on Reasonable Expectations, 5.3 Unconscionability, 5.3.1 Market Power, A Reexamination of Nonsubstantive Unconscionability, Alan Schwartz Distributive and Paternalist Motives in Contract Law and Tort Law, Duncan Kennedy Notes on Market Power, 5.3.2 Imperfect Information, Distributive and Paternalist Motives in Contract and Tort Law, Duncan Kennedy Proposals for Products Liability Reform, Alan Schwartz Notes on Imperfect Information, 5.3.3 Form Contracts, Contracts of Adhesion: An Essay in Reconstruction, Todd D. Rakoff Contract as Thing, Arthur Alan Left Unconscionability in Standard Forms, Lewis A. Kornhauser Notes on Form Contracts, 5.3.4 Buyer Incompetence, A Reexamination of Nonsubstantive Unconscionability, Alan Schwartz Notes on Buyer Incompetence |