Main Content
Introduction to sources of contract law
At this point in your law school career, you are probably familiar with the Restatements, and there is a Restatement (Second) of Contracts, which you will see regularly cited in the cases. Remember that the Restatement is not a source of law. As its name suggests, it can be a good summary of contract doctrine, but it is nothing more than a secondary source. My recommendation is that you use the Restatement in this way, to check your understanding of the rules as articulated in the caselaw. You can, of course, cite to the Restatement, but it is always preferable to cite to controlling precedent.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.