Title: Contract Law: Cases, Discussion, and Problems by Brian A. Blum (2013)

Introduction:
“Contract Law: Cases, Discussion, and Problems” by Brian A. Blum provides a comprehensive exploration of contract law through detailed case examples, thought-provoking discussions, and practical problems. The book serves as a valuable resource for law students, legal professionals, and anyone interested in understanding the principles and applications of contract law. This summary highlights the key points from the book, accompanied by specific actions one can take, using the advice provided within the text.

I. Formation of Contracts

A. Offer and Acceptance
1. Concept: The book begins by elaborating on the fundamental concepts of offer and acceptance as essential elements for the formation of a contract.
– Example: In Carlill v. Carbolic Smoke Ball Co., the company’s advertisement was considered a unilateral offer that could be accepted by anyone who performed the conditions stated in the advertisement.
– Action: When drafting an advertisement, explicitly state whether it’s an invitation to treat or an offer to avoid unintended contractual obligations.

B. Consideration
1. Definition and Importance: Consideration is the value exchanged between parties for a contract to be binding.
– Example: In Currie v Misa, consideration was defined as a right, interest, profit, benefit, or forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the parties.
– Action: Always ensure that your contract includes an element of consideration to be enforceable, and precisely define what each party is contributing.

II. Contractual Terms

A. Express Terms
1. Incorporation of Terms: The book emphasizes the importance of explicitly stating the terms within the contract document.
– Example: In L’Estrange v Graucob, the court held that a person who signs a contract is bound by its terms regardless of whether they have read them.
– Action: Always read a contract thoroughly before signing it and ensure that all essential terms are clearly included.

B. Implied Terms
1. By Law or Custom: Some terms may be implied by statutory law or through customary practices.
– Example: In The Moorcock case, a term was implied that the wharfingers had taken reasonable care to ascertain the state of the riverbed.
– Action: Understand the context of your contract to account for any potential implied terms that may arise by law or custom.

III. Performance and Breach of Contract

A. Substantial Performance
1. Concept and Application: The doctrine of substantial performance allows for minor deviations while fulfilling contractual obligations.
– Example: In Jacob & Youngs v. Kent, the court held that substantial performance was sufficient even though a different brand of pipe was used.
– Action: Aim to substantially fulfill your contractual obligations, ensuring that any deviations are reasonable and minimal.

B. Remedies for Breach
1. Types of Remedies: The book outlines several remedies available for breach of contract, including damages, specific performance, and rescission.
– Example: In Hadley v Baxendale, the court established the principle for awarding damages for foreseeable losses.
– Action: In case of a breach, document all foreseeable losses and damages to support your claim for adequate compensation.

IV. Defenses to Contract Enforcement

A. Mistake
1. Mutual and Unilateral Mistakes: The book discusses how mistakes can affect the validity of contracts.
– Example: In Raffles v Wichelhaus, a mutual mistake about the identity of the ship prevented the contract from being enforceable.
– Action: Clearly state all specifics in a contract to avoid mutual misunderstandings which could render the contract void.

B. Duress and Undue Influence
1. Definition and Impact: Contracts signed under duress or undue influence may be voidable by the affected party.
– Example: In Barton v Armstrong, threats to life were considered sufficient duress to void the contract.
– Action: Ensure that all parties are entering the contract voluntarily and without pressure; document any concerns regarding potential duress or undue influence.

V. Interpretation of Contracts

A. Literal and Purposive Approaches
1. Methods of Interpretation: The book distinguishes between literal and purposive approaches to interpreting contract terms.
– Example: In Investors Compensation Scheme Ltd v West Bromwich Building Society, the purposive approach was emphasized by Lord Hoffmann.
– Action: When drafting a contract, use clear and unambiguous language to minimize the need for judicial interpretation.

B. Parol Evidence Rule
1. Rule and Exceptions: The rule prevents the introduction of oral statements that contradict written terms, with certain exceptions.
– Example: In Pym v Campbell, the parol evidence rule was applied to exclude contradictory oral evidence.
– Action: Ensure all important terms and agreements are comprehensively included in the written contract to avoid disputes over oral statements.

VI. Contractual Capacity

A. Age and Mental Capacity
1. Legal Capacity to Contract: The book discusses how age and mental capacity affect contractual validity.
– Example: In Nash v Inman, a minor was not bound by a contract for non-necessaries because of his age.
– Action: Verify the legal capacity of all parties involved before engaging in contractual agreements to ensure enforceability.

VII. Illegality and Public Policy

A. Contracts Contrary to Public Policy
1. Void and Voidable: Contracts that are illegal or against public policy are generally unenforceable.
– Example: In Pearce v Brooks, a contract for the hire of a carriage for immoral purposes was void.
– Action: Confirm that the purpose of the contract aligns with legal and ethical standards to avoid unenforceability issues.

Conclusion:
Brian A. Blum’s “Contract Law: Cases, Discussion, and Problems” adeptly covers the essential elements and complexities of contract law. By examining real-world cases and providing practical problems, it offers readers valuable insights into forming, interpreting, and enforcing contracts. Implementing the detailed advice and actions derived from this book can significantly enhance one’s understanding and application of contract law principles, ensuring more sound and enforceable agreements in both personal and professional contexts.