Contract and Related Obligation: Theory, Doctrine, and Practice

by Robert Hillman, Robert S. Summers, David Hoffman, et al.

Book Overview

Hardbound - New, hardbound print book. This description may be from another edition of this product.

• Format: Hardcover
• Language: English
• ISBN: 0314211497
• ISBN13: 9780314211491
• Release Date: January 1997
• Publisher: West Publishing Company
• Length: 1 Pages
• Weight: 4.30 lbs.

Customer Reviews

This is what every casebook should be

This was my absolute favorite casebook of my 1L year. Aside from a great selection of cases (including many older cases, which I loved), the book includes excerpts from important treatises and articles about contract law, which I found to be both enriching and helpful (though not all of my classmates would agree with me on this). For me, these articles provided a solid framework within which I could begin to understand the law for myself, from its current applications, to its development, to the theories and philosophies underlying it. I get rather annoyed with the impossible questions posed by the notes of some casebooks, and I found this book to have blessedly few of those open-ended monsters. I wish all of my casebooks had such thoughtful organization, well-edited cases, and enlightening notes.

very well organized and thought provoking

I was fortunate enough to have Professor Hillman for contracts law many years ago. Of all the classes I took and the casebooks I studied over those three years, his materials had the biggest impact on my professional career, and I still sometimes consider the case materials even to this day. (Remarkably, I am not nerdy, but I suppose my credibility is probably now shot for the rest of this review...!) In addition to teaching the "basics" of common law contracts through a study of the seminal cases in the field, this text also covers the evolution of related obligations (the title is apt, of course) as they evolved in the courts of England and the U.S. This book also highlights and asks critical questions the legal theory that the Law & Economics crowd has been pushing in recent years. Finally, the book covers the growing impact on contracts of the Uniform Commercial Code, which I can tell you is often overlooked by practicing attorneys. Contrary to what another reviewer wrote, this book and its materials are not obscure or exceptionally difficult. However, they are thoughtful and socratic in nature. The book often cites key aspects of key decisions, and then encourages the reader to develop an understanding for why the court decided a particular way. This is the essence of critical thinking. As such, this book is for anyone that wants to learn how to think like a lawyer--who really wants to learn the process of critical thinking. This is why a few of the reviewers panned the book--they wanted black & white rules and guidelines. The legal world rarely works that way. And the best law books prepare you for this. With respect to another reviewer, in general Hillman's book and contracts is not particulary time consuming as studies go. That said, most courses in law school involve a 3:1 ratio for study to class time. Frankly, most practitioners will tell you to expect even longer total hours in the actual practice of law.

more information would have been helpful

I don't know if it was because I was stressed and in a panic about getting my book in time before classes started (bookstore was out of this...) but I could not find the edition number in the information, so I purchased the wrong one. I blame myself but wish it was more apparent when I was doing my searches. I was supposed to buy the 5th edition as opposed to the 4th but they're basically the same- just make sure the cases in your assignment are in the book- if they're not there you just need to do a little additional searching on your own.

very capable casebook

The two previous reviewers of this casebook were probably both right about it - on one hand, it is an excellent guide for covering difficult material if someone is able to glean the broader meaning from the cases through self study. To some extent, that's part of the law school experience for better or worse. On the other hand, this book could have made that process easier, as one reviewer noted. The cases and discussion, though, are quite interesting and are appropriately edited to focus on the important material. There are far worse casebooks in general use in law school, so I'd put this one towards the top of my limited experience. That said, this casebook coupled with Hillman's Hornbook (blue paperback) would be an OUTSTANDING way to tackle a moderately difficult subject. I did that and I learned a ton from them as a combined resource. Either one alone just won't be sufficient.

Incredible Case Book

This was the best law case book I've ever used. If you want the law spoon fed to you, yes, this book is a difficult tool. Professors Summers and Hillman, however, are firm believers that the best way to teach the law is by motivating the students to teach themselves. Their approach with this book is thought-provoking, thorough, and, yes, challenging. If you want an easy read, use a commercial outline. The law, however, is not supposed to be easy. You are supposed to wrangle with every word, to challenge every opinion, and search why the judges' reasoning is faulty. Professors Summers and Hillman triumph mightily with their text. Their holistic approach to teaching contracts is, undoubtedly, revolutionary. Much like Lon Fuller's text Basic Contract Law, it is a departure from the normal format. In fact, you won't find Hawkins v. McGee anywhere in the book, save for a footnote. If you are lucky enough to use this casebook, take advantage of it, and the incredible learning opportunity it presents. By the end of the course, you will have a view of the entire forest, to use the oft-used metaphor, as well as an in-depth understanding of each tree.