Studies in Contract Law - 10th Edition - Ian Ayres

Studies in Contract Law 10th Edition ISBN 9781647085445

In the Tenth Edition of Studies in Contract Law, the authors continue to streamline, update, and supplement this classic casebook. The revision includes:

Changes to Address Race in Contract Law:

• Introductory Case: A new case in Chapter One addressing Georgia’s post-Civil War Labor Contract Act, highlighting its role in subjugating freed slaves:

The Georgia post-Civil War Labor Contract Act was a legislative measure enacted in the aftermath of the Civil War aimed at regulating labor relationships in the Reconstruction era. Ostensibly designed to organize labor markets and define the terms of employment contracts, the Act was, in reality, a tool for maintaining control over newly freed African Americans.

• By imposing stringent contract requirements and severe penalties for breaches, the law effectively coerced freed slaves into exploitative labor conditions reminiscent of slavery. This Act exemplified the systemic efforts to subjugate freed African Americans and obstruct their economic independence, illustrating the profound racial and economic challenges during Reconstruction.
• Historical Context: Added historical materials in Williams v. Walker-Thomas, the landmark unconscionability case, emphasizing the impact of race on Mrs. Williams' market experience.

Williams v. Walker-Thomas Furniture Co. (1965) is a seminal case in contract law that addresses the issue of unconscionability. In this case, the plaintiff, Mrs. Williams, a low-income, single mother, purchased household items from Walker-Thomas Furniture on credit.

Ian Ayres Studies in Contract Law 10th Edition: 9781647085445

The contract included a clause stipulating that none of the purchased items would be considered paid off until all items were fully paid, allowing the company to repossess all items if she defaulted on any single payment. When Mrs. Williams defaulted, the company sought to repossess all her furniture.

The court ultimately ruled that the contract was unconscionable because it took advantage of Mrs. Williams' lack of bargaining power and understanding of the terms. This case highlights the role of race and socio-economic status in market transactions, showing how certain contractual terms can perpetuate inequality and exploitation.

• Discrimination Law: A new section in Chapter Five on discrimination law as it applies to contracts, focusing on race and also discussing gender discrimination.

New Materials on Topical Issues:

• #MeToo Era NDAs: A comment on non-disclosure agreements in the context of the #MeToo movement.
• Pandemic-Based Frustration Case: A case where a coffee shop argued for lease termination due to government restrictions preventing operation.
• Disney vs. DeSantis: A paragraph on Disney’s Contract Clause claim against Florida Governor DeSantis.

Disney's Contract Clause claim against Florida Governor DeSantis centers on allegations that the governor's actions violated the U.S. Constitution's Contract Clause, which prohibits states from enacting laws that retroactively impair contract rights.

Studies in Contract Law Tenth Edition ISBN 9781647085445

Disney contends that Governor DeSantis and the Florida legislature unlawfully targeted the company by dissolving the Reedy Creek Improvement District, a special taxing district that effectively allowed Disney to self-govern its theme park operations.

The dispute arose after Disney publicly opposed Florida's "Parental Rights in Education" bill, dubbed the "Don't Say Gay" bill by critics. Disney argues that the dissolution of the district was retaliatory and impaired existing contractual agreements, thus violating the Contract Clause.

This case underscores the tension between corporate free speech, political retaliation, and constitutional protections of contractual agreements.

• Legislative Updates: Incorporation of amendments to Article Two of the UCC, the new Restatement of Consumer Contract Law, new rules on non-competes, and other legislative changes or proposals.

Revamped Sections:

• Specific Performance: New materials in Chapter Six.
• Third-Party Beneficiaries and Assignment/Delegation: Major improvements in Chapter Seven.
• Improved Comprehensibility: Minor changes throughout, including reordering materials and enhancing explanatory text.

Additional Resources:

• Contract Law Videos: Ian Ayres has recorded over 90 videos on contract law, available on Coursera.com and YouTube (search “Ian Ayres Contracts”), which can be used as supplemental lectures or to “flip the classroom.”
• Legal Concept Videos: Ayres has also recorded over 30 videos (search “Ayres Law Students Toolkits”) covering basic legal concepts and techniques, helpful for first-year students.

Ayres and Klass Studies in Contract Law 10th Edition: 978-1647085445