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Home >> Core 1l Law Courses: Law Books >> Contracts
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Contracts in Crises, Excuse Doctrine and Retrospective Government Acts
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Product Description: |
| Government frequently responds to crises (like 9/11 and Hurricane Katrina) with laws that have retrospective effects on existing contracts. Because these laws are usually constitutional, the promisee has no claim against the government. The promisor, however, will probably obtain an excuse from the contract because performance is now either illegal or impaired by government acts or orders. The promisor is in what can be called “the Zone of Coercion.” If excuse is granted, the contract is discharged but the promisee, because of limited remedies, will not be restored to its pre-contract position. Thus, the promisee’s contract rights are casualties in what amounts to a constitutional taking by the government.
This book traces and critiques the development from 19th-century England to the present of excuse doctrine and its application by courts in “the Zone.” The development of more general contract excuse doctrine and different theories about excuse — such as economic analysis and behavioral decision theory — are also traced in both private and public contracts.
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Other Overview References on CONTRACTS
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Concepts & Insights Series: Concepts and Case Analysis in the Law of Contracts, 6th Marvin A. Chirelstein
Contracts and Negotiating for the Businessperson: You and Your Lawyer Peter Siviglia
Nutshell Series: Contract Remedies In A Nutshell Jane M. Friedman
Nutshell Series: Contracts In A Nutshell, 7th Claude D. Rohwer; Anthony M. Skroki
Examples & Explanations Series: Contracts, 4d Brian A. Blum
Perspectives On Contract Law, 4th Randy E. Barnett
The Death Of Contract Grant Gilmore
Understanding Series: Understanding Contracts, Second Edition Jeffrey T. Ferriell, The late Michael J. Navin
Law Stories Series: Contracts Stories- An In-Depth Look at The Leading Contract Cases Douglas G. Baird
Craswell and Schwartz\'s Foundations of Contract Law Richard Craswell; Alan Schwartz
Drafting Contracts: How and Why Lawyers Do What They Do Tina L. Stark
A Contracts Anthology, Second Edition Peter Linzer
Contract Law, Flowcharts and Cases, A Student's Visual Guide to Understanding Contracts, 2nd Edition Frank John Doti
A Manual of Style for Contract Drafting Kenneth Adams
Mastering Contracts Irma S. Russell, Barbara K. Bucholtz, Franklin G. Snyder
Writing Contracts, A Distinct Discipline Peter Siviglia
Comparative Law of Contracts: Cases and Materials Alain A. Levasseur
Starting Off Right in Contracts Carolyn J. Nygren
Working with Contracts: What Law School Doesn't Teach You, 2d Charles M. Fox
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