United States contract case law

Author: Xu Gang et al.
Publisher:
Publish Date: 1999-01-01
Features: The book introduces the basic principles and rules of American contract law to readers through more than 70 representative cases, following the development sequence of contracts from formation to performance. Most of American contract law is state-level law, which can be broadly divided into statutes (also known as written law) and case law (also known as common law). The book extensively introduces many important viewpoints of The Restatement of Contracts (particularly the second edition) throughout. The authors of this book choose contract case law as the main content for the following reasons: , Contract law has traditionally been primarily case law. Even with the existence of the Uniform Commercial Code in its statutory form, the basic principles of contract law still trace back to case law, including ancient English precedents. The earliest cases introduced in this book date back to 1536. Second, we hope to introduce the American case law system to readers through contract law. Under this system, judges are supposed to follow relevant precedents to decide current cases unless statutes explicitly provide otherwise. Wouldn’t this lead to stagnation? On the contrary, through the interaction among plaintiffs, defendants, and judges, the application of cases can be innovative, reflecting the accumulation of human wisdom over hundreds of years. Third, this series already has a dedicated volume on the Uniform Commercial Code, so to avoid repetition, we only mention it when necessary.
[Editor's Recommendation] The United States is one of the most legally advanced countries in the world, and its two centuries of legal development experience hold undeniable value for China as a reference. Since the reform and opening-up, exchanges and cooperation between China and the U.S. have continuously strengthened, making it a pressing need for Chinese people to understand American law. However, American law is vast and profound, like an endless sea. It includes common law inherited from Britain and adapted to American conditions, as well as statutes continuously formulated with the country's development. There are also nationally unified federal laws and state laws that vary from state to state. The conflicts and coordination among these laws make the American legal system complex, multifaceted, and ever-evolving. Therefore, truly understanding and mastering American law is not an easy task even for Americans, and it is even more challenging for ordinary Chinese readers living in different linguistic, cultural, and institutional backgrounds. The publication of this series aims to help authors digest and comprehend the intricate American legal system, presenting it to a broad Chinese audience in an accessible and engaging way, with the hope of assisting those engaged in legal education, legislative work, judicial policy research, legal practice, and professionals in various fields who are interested in understanding the American legal system.