Perspectives on Contract Law Book

	Preface	xix
	Acknowledgments	xxiii
I	Enforcing Private Agreements	1
1	How Should Damages for Breach of Contract Be Measured?	3
	The Reliance Interest in Contract Damages	5
	The Phantom Reliance Interest in Contract Damages	22
	Beyond Fuller and Perdue?	37
2	Are Some Breaches of Contract Efficient?	47
	Fundamental Principles of Contract Damages	48
	The Efficient Breach Fallacy	52
3	When Should Courts Order Specific Performance?	59
A.	Efficiency Concerns	60
	Specific Performance	60
	The Case for Specific Performance	62
B.	Moral Concerns	69
	Contract Remedies and Inalienable Rights	70
	Liberty and Contractual Empowerment	81
II	Mutual Assent	91
4	Does a Promise Differ from an Offer?	93
	On the Nature of Offer, Acceptance, and Promise	94
5	Is There a Duty to Negotiate a Contract in Good Faith?	111
	Enforcing the Contract to Bargain	112
6	When Should Parol Evidence of Contracting Parties' Intentions Be Considered by a Court?	127
	"Meaning" in the Law of Contracts	128
7	How Should Courts Use Business Norms to Construe Written Terms?	141
	The Theory of Legally Unenforceable Agreements	142
8	How Has Modern Technology Affected Mutual Assent?	157
	Autistic Contracts	158
III	Enforceability	183
9	Which Commitments Should Be Enforced?	185
	The Basis of Contract	186
10	Does the Doctrine of Consideration Have a Function?	199
	Consideration and Form	200
	The Ideological Subtext of "Consideration and Form"	222
11	Should the "Intention to Create Legal Relations" Be a Criterion of Enforceability?	231
	A Consent Theory of Contract	233
	The Regulatory Role of Contract Law	245
12	Is the Doctrine of Promissory Estoppel About Protecting Reliance?	257
	The Promissory Basis of Section 90	259
	The Last Promissory Estoppel Article	275
	The Four Evolutionary Stages of Promissory Estoppel	288
IV	Performance and Breach	301
13	What Constitutes Good Faith Performance?	303
	Breach of Contract and the Common Law Duty to Perform in Good Faith	304
	The General Duty of Good Faith--Its Recognition and Conceptualization	316
14	When Is a Breach Material?	323
	A New Look at Material Breach in the Law of Contracts	324
V	Defenses to Contractual Obligation	339
15	When Should a Court Refuse to Enforce a Contract?	341
A.	Duress, Undue Influence, and Unconscionability	342
	Unconscionability: A Critical Reappraisal	343
	The Bargain Principle and Its Limits	354
B.	Contracts of Adhesion	368
	Contracts of Adhesion: An Essay in Reconstruction	369
C.	Unilateral Mistake and the Duty to Disclose	386
	Mistake, Disclosure, Information, and the Law of Contracts	386
	The Duty to Disclose Information and the Liberal Conception of Fraud	395
16	Should Courts Adjust Contract Terms to Handle Changed Circumstances?	403
	Contracts as Insurance	404
	Court Adjustment of Long-Term Contracts	411
	Relation-Preserving Vs. End-Game Norms	423
	The Case for Formalism in Relational Contract	428
17	What Is the Relational Theory of Contract?	445
	Relational Contract Theory in Context	446
	Why There is no Law of Relational Contracts	458