Lexis Nexis Corbin on Contracts
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Product description
Corbin on Contracts is peerless as a contract law treatise, and is one of the most cited and influential treatises in print. The venerable 16-volume Corbin on Contracts has been hailed as "the greatest law book ever written". Corbin contracts law analysis is exhaustive, and addresses all of the rules of contract law, including exceptions and variations. No other contract treatise matches Corbin on Contracts to help you prevent disputes and keep your clients out of court. Cited in the opinions of federal and state courts literally thousands of times, this exhaustive exposition of all the working rules of contract law has helped lawyers understand what the rules of contract mean and how they can be used in daily practice for more than half a century.
Publication of the Revised Edition was directed by renowned contracts expert Professor Joseph M. Perillo. In addition to the periodic issuance of replacement volumes, the set is updated twice each year with cumulative stand-alone and pocket-part supplements prepared by noted legal scholar Dr. John E. Murray, Jr. (1932-2015), former Chancellor and Professor of Law, Duquesne University, and Timothy Murray, Partner, Murray, Hogue & Lannis, Pittsburgh, Pennsylvania.
Newly revised Volume 5 presents a top-to-bottom update with detailed analysis of dozens of recent cases. Among the enhancements, Revised Volume 5 includes:
• A cutting-edge new section on interpretation of online contractual terms.
• A new section on the covenant of good faith and fair dealing.
• A comprehensive discussion of the two interpretation approaches that have long divided jurisdictions across America—the plain meaning approach and the contextualist approach.
• A detailed explanation of how interpretation and the parol evidence rule are distinct concepts.
• New sections on interpretation of terms unfamiliar to reasonable third parties: trade usage, course of performance, course of dealing, and terms where there is "shared intent" between the parties.
• Discussion of an overlooked topic: interpretation in the formation of contracts (as opposed to the performance of contracts).
• The distinction between interpretation and construction—and how courts use the terms interchangeably despite the distinction.
• New and comprehensive discussions on the canons of interpretation or construction: the principal purpose of the contract should guide interpretation; interpreting the contract as a whole; courts favor an interpretation that makes the agreement valid, lawful, reasonable, and that avoids forfeiture; specific terms have greater weight than general terms; the superiority of negotiated terms over standardized terms.
eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.
Table of contents
VOLUME 1
PART I FORMATION OF CONTRACTS
Chapter 1 Preliminary Definitions
TOPIC A OFFER AND ACCEPTANCE
Chapter 2 Offers; Creation and Duration of Power of Acceptance
Chapter 3 Acceptance and Rejection of offer
Chapter 4 Indefiniteness and Mistake in Expression
VOLUME 2
PART I FORMATION OF CONTRACTS (CONTINUED)
TOPIC B CONSIDERATION
Chapter 5 Reasons for Enforcement of Promises; Acts, forbearances and Promises Given in Exchange
Chapter 6 Consideration - Mutuality of Obligation - Requirements and Output Contracts - Effect of Option
Chapter 7 Consideration - Effect of Pre-existing Duty
VOLUME 3
PART I FORMATION OF CONTRACTS (CONTINUED)
TOPIC C INFORMAL CONTRACTS WITHOUT MUTUAL ASSENT OR CONSIDERATION
Chapter 8 Reliance on a Promise as Ground for Enforcement: The Doctrine of Promissory Estoppel
Chapter 9 Past Consideration and Moral Obligation
TOPIC D FORMAL CONTRACTS
Chapter 10 Contracts Under Seal, Recognizances, Negotiable instruments and Documents, and Letters of Credit
Chapter 11 Option Contracts and Rights of First Refusal - The Legal Relations of the Parties
VOLUME 4
PART II STATUTE OF FRAUDS
Chapter 12 History and Legal Operation of the Statute
Chapter 13 Statute of Frauds - Oral Variation or Rescission; Contracts Partly Within
Chapter 14 Statute of Frauds - Manner of Raising Defense; Remedies of Restitution and Reformation
Chapter 15 Statute of Frauds - Debts of another - Suretyship and Guaranty
Chapter 16 Debts of another - Leading Object Rule - indemnity Contracts
Chapter 17 Statute of Frauds - Interests in Land
Chapter 18 interests in Land - Effect of Part Performance of oral Contract
Chapter 19 Statute of Frauds - Contracts not to be Performed within One Year
Chapter 20 Statute of Frauds - Contracts in Consideration of Marriage
Chapter 21 Statute of Frauds - Contracts for the Sale of Goods
Chapter 22 Substance of the Memorandum: Its Nature and Contents
Chapter 23 Formal Requirements - Writing - Signature - Oral Evidence
VOLUME 5
PART III INTERPRETATION - PAROL EVIDENCE - AVOIDANCE AND REFORMATION
Chapter 24 Interpretation of Contracts
VOLUME 6
PART III INTERPRETATION - PAROL EVIDENCE - AVOIDANCE AND REFORMATION (CONTINUED)
Chapter 25 The Parol Evidence Rule
Chapter 26 Implied Terms, Default Rules, and the Concept of Good Faith
VOLUME 7
PART III INTERPRETATION - PAROL EVIDENCE - AVOIDANCE AND REFORMATION (CONTINUED)
Chapter 27 Capacity of Parties
Chapter 28 Avoidance or Reformation for Misconduct or Mistake
Chapter 29 Unconscionability and the Duty to Read
VOLUME 8
PART IV CONSTRUCTION AND LEGAL OPERATION OF CONTRACT - CONDITIONS OF LEGAL DUTY
Chapter 30 Definitions and Terminology - Conditions Classified
Chapter 31 Express Conditions - and Promises
Chapter 32 Constructive Conditions - Failure to Perform the Agreed Exchange
Chapter 33 Constructive Conditions in Sale of Goods
Chapter 33A Constructive Conditions in Sale of Land
Chapter 34 Constructive Conditions in Service Contracts, Charter Parties, and Leases
Chapter 35 Conditions in installment Contract - Divisibility
Chapter 36 Substantial Performance, its Character and Effect
Chapter 37 Condition of Performance on Time - Condition of Notice
Chapter 38 Aleatory Contracts - No Agreed Exchange of Performances
Chapter 39 Conditions Subsequent - Analysis - Pleading and Burden of Proof
Chapter 40 Elimination of Conditions by Waiver or Prevention
VOLUME 9
PART V RIGHTS OF THIRD PARTIES - ASSIGNMENT - JOINT AND SEVERAL CONTRACTS
TOPIC A THIRD PARTY BENEFICIARIES
Chapter 41 Preliminary analysis - Issues and Terminology
Chapter 42 Third Party Beneficiary History
Chapter 43 Third Party Beneficiary Statutes
Chapter 44 intent to Benefit - Restatements - interpretation
Chapter 45 Beneficiaries of Specific Types of Contracts
Chapter 46 Remedies, Powers, and Defenses - Beneficiary, Promisee, and Promisor
TOPIC B ASSIGNMENT
Chapter 47 Preliminary Analysis - Concepts, Terminology, Source of Law
Chapter 48 Gift Assignments
Chapter 49 Assignability and Delegability - Freedom and its Limitations
Chapter 50 Conditional and Future Rights, and After-Acquired Property
Chapter 51 Legal Effects of Assignment - Defenses and Priorities
TOPIC C JOINT AND SEVERAL CONTRACTS
Chapter 52 Joint and Several Contracts
VOLUME 10
PART VI BREACH OF CONTRACT - JUDICIAL REMEDIES
TOPIC A BREACH OF CONTRACT
Chapter 53 Varieties of Breach - Partial, Total
Chapter 54 Breach of Contract by Anticipatory Repudiation
VOLUME 11
PART VI BREACH OF CONTRACT - JUDICIAL REMEDIES (CONTINUED)
TOPIC B DAMAGES AS A REMEDY FOR BREACH
Chapter 55 Purpose and Extent of Damages - Causation - Compensation - Value
Chapter 56 Foreseeability - Anticipated Profits - Degrees of Uncertainty
Chapter 57 Alternative Measures - Expenditures - Avoidable Consequences - interest - Anticipatory Breach
Chapter 58 Liquidated Damages and Penalties
Chapter 59 Mental Suffering - Punitive Damages - Lending Money - Alternative of Contracts - Contracts for Benefit of Third Person
Chapter 60 Building Contracts - Employment - Sales of Land - Sales of Goods
VOLUME 12
PART VI BREACH OF CONTRACT - JUDICIAL REMEDIES (CONTINUED)
TOPIC C RESTITUTION AS A REMEDY FOR BREACH
Chapter 61 Common Law and Equity - General Requirements for Obtaining Restitution
Chapter 62 Restitution in Favor of a Plaintiff in Default
TOPIC D SPECIFIC PERFORMANCE
Chapter 63 Adequacy of Other Remedies
Chapter 64 Special Reasons for Refusing Specific Enforcement
Chapter 65 Mutuality of Remedy - Negative Contracts - Liquidated Damages
TOPIC E ELECTION OF REMEDIES
Chapter 66 Election of Remedies
VOLUME 13
PART VII DISCHARGE AND IMPOSSIBILITY
TOPIC A DISCHARGE OF CONTRACT
Chapter 67 Performance - Tender - Rescission - Release - Gift - Surrender - Cancellation - Contract Not to Sue
Chapter 68 Discharge By Nonperformance of Condition - Breach - Failure of Consideration - Prevention - Power Reserved - Condition Subsequent
Chapter 69 The Legal Operation of an Executory Accord
Chapter 70 Accord and Satisfaction
Chapter 71 Substituted Contract and Novation
Chapter 72 Account Stated
Chapter 73 Specialties - Alteration - Judgment - Award - Claim Preclusion
VOLUME 14
PART VII DISCHARGE AND IMPOSSIBILITY (CONTINUED)
TOPIC B IMPOSSIBILITY
Chapter 74 Impossibility of Performance - Personal inability
Chapter 75 Death or Destruction of Specific Things - Prorating Available Supply
Chapter 76 Legal Prohibition - Government Prohibition and Exigencies of War
Chapter 77 Discharge By Frustration of Purpose
Chapter 78 Impossibility of Performance of a Condition; Restitution in Cases of Impossibility
VOLUME 15
PART VIII CONTRACTS CONTRARY TO PUBLIC POLICY
Chapter 79 introduction to Contracts Contrary to Public Policy
Chapter 80 Contracts in Restraint of Competition
Chapter 81 Contracts involving Familial Relationships
Chapter 82 Sunday Contracts
Chapter 83 Bargains Harmful to the Administration of Justice
Chapter 84 Bargains Harmful to the Public Service or to The Performance of Fiduciary Duty
Chapter 85 Bargains to Defraud or Otherwise injure Third Persons
Chapter 86 Wagering Bargains
Chapter 87 Usury Bargains
Chapter 88 Miscellaneous Bargains Contrary to Public Policy
Chapter 89 The Effects of Being Contrary to Public Policy and The Availability of Restitution
VOLUME 16
Answer Guide
The Answer Guide enables users to obtain quick answers and analysis to contract law questions and, since convenient reference to the relevant sections of the full treatise is always provided, easily engage in deeper research in the other volumes of the treatise
INDEX
