What is ‘Studies in Contract Law’
Scholarly contracts teacher Michael Rustad is co-author with E. Allan Farnsworth and Carol Sanger of Studies in Contract Law 9th Edition (West Academic Publishing 2017). Scholarly contracts teacher and editor of ContractsProf Blog, James J. White is the Contributing Editor. Michael Rustad is the Currier Professor of Constitutional Law and a faculty member at Suffolk University Law School (Boston). Allan Farnsworth is the former Alfred L. Conger Professor at Columbia University School of Law. Professor Carol Sanger is the Barbara Aronstein Black Professor of Law at Columbia Law School. She teaches contracts, family law, and a seminar in the law of birth.
This casebook has been used in law schools since the 9th edition (2017) was prepared by Professors Rustad, Farnsworth and Sanger (with James Whites as the Contributing Editor) because it provides a comprehensive insight into contract ‘law’ and theory . While many of the leading contract cases are examined, the focus of the book is more on a synthesis of theory and practice than on the most important Uniform Commercial Code sections. The book contains edited cases and problems followed by case notes, questions and commentaries. The purpose is to emphasize imaginative thinking as well as introduce the cadet to advanced contracts theory.
The authors explain in the Preface to the 9th edition that ‘Each successive edition of this casebook has been an opportunity to bring contracts teaching into the twenty-first century…This Ninth Edition provides powerful new tools for teaching the subject of Contracts.’ While the admonishment that the ‘Uniform Commercial Code’, or UCC, is not covered accidentally neglects several important jurisdictions, the book does go further than most contract textbooks covering important aspects such as film transactions and the RESTATEMENT (SECOND) OF CONTRACTS. The book is really a comprehensive overview of the philosophy of contracts.
What it Covers in Detail
One of the notable changes in the 9th edition, as compared to the previous ones, is the inclusion of new theoretical perspectives to complement the original classical theory that pervades the text. In addition to using the classical theory to analyse the changing landscape of contract law, the 9th edition draws on the economic and relational theories as well as different normative perspectives to enable the reader to have a more comprehensive understanding of the underlying principles behind contract law. The kind of topics that these new theories and perspectives deal with are those of consideration, privity of contract, uncertainty and the value theory. Furthermore, a number of new topical issues have been incorporated into the text. These include: interpretation, illegality, mistake, precontractual liability, consumer contracts, pre-incorporation contracts, terms implied by statute, exclusion clauses, and performance and breach of contract. The text has also been updated to reflect the latest decisions in English cases up to 30 June 2014, as well as the latest New Zealand decisions up to 31 May 2014.
Revisions in the Latest Edition
The chapters in the 9th edition feature recent cases not only from the United States, but also from foreign jurisdictions such as England, Canada, and Australia. The authors offer their own highly conversational take on the jurisdictionally-independent problems and issues these cases address in their context-specific sections. For example, the discussion on a contemporary doctrinal controversy over the legal enforceability of liquidated damages provisions as compared to penalties draws from the recent English case Cavendish Square Holding BV v Makdessi [2015] UKSC 67 and the U.S. Bankruptcy Court case In re US Airways, Inc. 482 B.R. 299 (Bankr. E.D. Va. 2012). Other sections discuss relevant historical English cases, which further "give liveliness to this casebook," with the inclusion of cases like Hadley v Baxendale, 9 Exch. 354 (1854) and Stilk v Myrick, 98 Eng. Rep. 460 (1830), with discussion to illustrate the evolution and current importance of those principles at issue today. Another relatively recent English case was helpful in illustrating the changes in the definition of consideration between the "Moore Sandwich" and "Commonwealth" approaches. We have tackled the topic of the "quite bewildering" state of contracting in this area in a previous post, with lots of helpful links and resources to the differences in varieties of consideration. As in prior editions, the authors have peeled back complicated modern contracting scenarios referencing in their discussing clear "hypotheticals" that students will find helpfully illuminating in their analysis of the concepts. An entire chapter is devoted to the "standard" Rules of Contract Drafting that have developed over more than a century of contract drafting expertise in various states, which remains one of the best primers on this subject. The 9th edition even features a "Diversions" section that details real-world contractual "implications of specific, important cases that do not lend themselves to a Question-Answer format." The authors have focused on several recent American cases that became newsworthy for a variety of reasons, such as the case of Texas Cutter, Ltd. v. Hurst, 257 Mont. 73, 848 P.2d 501 (1993) where a landowner was sued and held accountable for the damage caused by his noisy fireworks display to the nearby welding business of the neighbor whose property bordered his. Other interesting cases in this section include a disputed U.S. foreclosure case, a torture horror story of a Canadian "No Trespassing" sign, and the Friskies phenomenon in a case out of New Jersey.
Highlighted Case Studies
How to Effectively Use the Book to Achieve Academic Excellence
For anyone studying contract law, both in college and graduate school, it is important to understand how to use "Studies in Contract Law 9th Edition" to your advantage. To get the most out of the book, you should follow a few strategies to take full advantage of how the material has been organized.
First and foremost, this set was designed for use as an academic textbook, so do not be afraid to treat it similarly to the syllabus for a lecture or seminar class. For example, you should always stay on top of your reading. The textbook itself recommends reading the chapters before attending class, if possible. Make this a regular part of your study schedule. Additionally, some may wish to use the book as a replacement for a standard outline, especially as you prepare for an exam . Outline to your heart’s content, but keep in mind that the material in each chapter is formatted similarly to a comprehensive outline, without incomplete sections.
There are also several unique ways to use "Studies in Contract Law 9th Edition" to add value to your overall education. For example, the book is rich in case studies. Read these carefully; they can give you great insight into how case law is applied and provide you with some examples of possible questions on an exam, especially essay-style questions. Additionally, each chapter features helpful commentary from experts in the form of quotations. These are great ways to help demonstrate your superior understanding of the material. A good rule of thumb is to incorporate one such quote into your exam answers. Of course, you can also use the book to help find other outside resources, and the tables of contents, glossary, and index all make finding specific bits of material that might be useful very easily.
How to Use this Book
Buy the book wherever books are sold, online or off, new or used. Amazon typically has the lowest price for individual copies or group discounts, however check other sources like your law school bookstore. Purchase a copy for yourself. You’ll refer to it almost daily in understanding legal issues – both in studying and practice – if you make it through law school.
I’m uncertain as to whether the book will ever be published electronically (on eKindle, eNook, eiPad, etc.), but wouldn’t be surprised if not. I don’t publish it electronically out of concern that it will be copied and shared with other students, attorneys etc., all without compensation. We’ve been down that path before.
Most contracts professors at law schools are familiar with this casebook, and will recognize it when they see it.
While it may not be cheap to purchase a casebook, it’s a darn good investment. You’ll not only have it through law school, but in your practice as well for many years. It’s a required book for every business and corporate law attorney. Refer to it as an authoritative resource on contract law when you need legal authority summed up in plain English with an added bit of humor.
Access and Availability
The reception of Studies in Contract Law 9th Edition supports its continuing status as a valuable resource to law professionals and students. One expert review from Matthew I. Hall and Mark Bender, Chapter 8 is considered an excellent explanation of the principle of interpretation in Rand v. Rowland (1912) 26 WLR 75. It is said to be well-written and methodical, and it provides an example that brings understanding to the concepts. However, the reviewer felt that the book as a whole lacks ‘examples sensible to their complexities’. Overall, the reviewer found this issue did not distract from the work’s quality. Prof. Charles Rickett published a second expert review. The review includes a positive note appreciating the text from an academic and practical point of view. The reviewer called it a ‘classic’ which ‘reminds us of how we can usefully think about contract law issues’ . He suggested the book be ‘reread as an accompaniment to contemporary case law analysis to give readers an insight into how to think about it imaginatively while gaining a sense of the continuing relevance of the key classic cases’. The majority of student experiences concur with the expert reviews. One student publication stated ‘If you’re confused about Contract Law, this is the book for you. It is by far the best revision guide’. Another law student blog recommended it as an excellent addition to any law library. Students praise the text’s clear writing. One recent graduate was extremely appreciative of the detail and straightforward explanations of complex legal principles, describing the text as ‘wonderful’. For many, this is considered an invaluable for exam preparation, providing a comprehensive review of unsettled aspects of the law while also addressing key cases and issues in the early chapters.