Document Type

Working Paper

Publication Date

2015

Center/Program

Center for Contract and Economic Organization

Center/Program

Center for Law and Economic Studies

Abstract

Over the last two decades I have been digging into the facts on a number of contracts cases, many of them featured in casebooks. I have collected the material in two books; one appeared in 2006 and the other is hot off the presses. This brief paper provides a roadmap for professors who might want more depth on the cases than is provided in the decisions or the casebooks. A recurring theme in the two books is that parties designing their contractual relationships must deal with change. This shows up in the manner in which they price the option to terminate (including the remedy for breach) and in the excuse cases. I include tables showing the incidence of my case analyses in three of the major casebooks. For example, 19 major cases in both the Scott-Kraus and Farnsworth, et al books are covered. As a bonus I include brief analyses of two cases not discussed in my books.

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