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The Story of Contract Law: Formation - Fourth Edition
Val Ricks, Professor of Law and Charles Weigel II Research Professor
Copyright Year:
Publisher: CALI's eLangdell® Press
Language: English
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Attribution-NonCommercial-ShareAlike
CC BY-NC-SA
Reviews
Reviewed by Robert Claridge, Senior Lecturer, Central Washington University on 2/12/26
For the most part the text does a good job of covering all of the basics of contract formation that I would expect to see in a 1L contracts course, and is laid out very similarly to commercial texts on contracts. Explanations are generally well... read more
Reviewed by Robert Claridge, Senior Lecturer, Central Washington University on 2/12/26
Comprehensiveness
For the most part the text does a good job of covering all of the basics of contract formation that I would expect to see in a 1L contracts course, and is laid out very similarly to commercial texts on contracts. Explanations are generally well fleshed out and the cases illustrate points of law well. Both case law and the Uniform Commercial Code (UCC) are well integrated. There are interesting and helpful historical explanations that give context to the contractual developments. At times I thought there could have been some better internal citations to support the explanations given. There are some traditional cases that I was surprised to see not included, though I do believe that there is some value to exposing students to different cases than only the famous ones. One note is that Chapter 10 on warranties reads as incomplete. There are several citations to Uniform Commercial Code provisions without any explanatory text. Overall it's a pretty comprehensive text.
Content Accuracy
A sampling of the text's explanations of key contractual principles showed them to be accurate and well taught. The text very effectively uses the casebook structure, and while I might advocate for the inclusion of different cases, the ones used clearly illustrate the points that the book makes.
Relevance/Longevity
The text is very up to date. The nature of legal texts and casebooks especially require fairly frequent updates, but the cases used are mostly more recent ones, which is helpful. The text also does a good job of explaining the theory and operation of legal concepts that should remain fairly stable across time.
Clarity
The prose is all very clear. At times I think the text could do a better job of sufficiently introducing a case and explaining its purpose. I also think the text would benefit from better internal citations in the explanatory paragraphs.
Consistency
The text is divided into clear and understandable chapters which illustrate a particular topic in contract formation. Each chapter is logically organized around explanations, case law and UCC provisions, and thoughtful and challenging questions for readers. Those chapters are consistent and read well both independently and as part of a more comprehensive whole.
Modularity
Many of the chapters are quite long, and there are several chapters near the end that are almost entirely case law. The text could use some more thoughtful abridging of some of the case law, and/or the use of more explanatory paragraphs to provide helpful transitions between cases. The commercial textbooks generally will have an abridged case followed by several explanatory paragraphs, and I think that could make the text more digestible. I generally assign my students nightly readings, and I think that would be difficult with this particular text in terms of selecting readings that would be relatively short and digestible, especially in the later chapters in the text.
Organization/Structure/Flow
If I wrote my own contracts texts I would largely follow the format of this text. Concepts are presented in appropriate order and it is clear that the author has made very thoughtful and intentional choices.
Interface
The text looks very good, and is formatted appropriately. This is less of a review comment and more of an idea, but it might be helpful to use hyperlinks within the pdf version of the document to be able to jump between chapters and cases.
Grammatical Errors
My review of the text found no significant errors
Cultural Relevance
My review of the text found nothing culturally insensitive of offensive. The historical explanations provided necessary context, and were helpful and respectful.
CommentsOverall this is a very solid entry in the field of introductions to contract law. This has clearly been a tremendous amount of work, for which the author should be praised. This is a legitimate OER alternative to commercial 1L textbooks, which is a considerable feat. I would recommend the text to colleagues and students.
Table of Contents
- Introduction
- Chapter 1. Consideration: Contract & Bargain
- Chapter 2. Assent-Based Niches Of Promise Enforcement: Modification And Waiver
- Chapter 3. Alternate Theories Of Recovery: Promissory Estoppel & Unjust Enrichment
- Chapter 4. Limits On Bargains: Defenses
- Chapter 5. The Push Toward Assent
- Chapter 6. Offers
- Chapter 7. Acceptances
- Chapter 8. Definiteness
- Chapter 9. Limits On The Reach Of Contract Law
- Chapter 10. Warranties
About the Book
This book, revised as the Third Edition July 2019, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation.
The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study.
Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent.
Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines.
Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.
About the Contributors
Author
Val Ricks has taught Contracts since 1996. His scholarship on contract law appears
in the Georgetown LJ, Indiana LJ, BYU LR, George Mason LR, Baylor LR, and U.
Kan. LR. He claims the original discovery that Isaac Kirksey actually made a
bargain with Antillico. Professor Ricks also teaches, and writes about, business
associations and other intersections of law and business. Before teaching, he
clerked for Judge Charles Wiggins of the 9th Circuit and practiced transactional and
appellate law in Salt Lake City. Professor Ricks received a B.A. summa cum laude
in Philosophy and a J.D. summa cum laude, both from BYU. He and his bride are
the parents of seven beautiful children.
Ancillaries
Student Resources
- CALI's eLangdell® Press (by request)