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Take the mumbo jumbo out of contract law and ace your contracts course
Confused by contract law? This hands-on guide gives you plain-English explanations of terminology and language used in contracts, showing you how to read and analyze cases and statutes with ease. You'll quickly and painlessly get up to speed on contract formation; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; the parol evidence rule; and more.
Defense! Defense! -- get the 4-1-1 on contract formation and the different contract defenses, including whether a party did anything illegal or unfair, whether the parties had the ability to make a contract, and the factors that determine whether an oral agreement is enforceable Make sense of the madness -- grasp the strategies the courts use to fill the gaps in a contract and interpret what the language really means To perform or to breach -- find out how one party may breach a contract even before performance is due by anticipatory repudiation There's a remedy for that -- understand the various methods available to the courts to remedy a breach in a way that's fair for both parties Bring a third party into the picture -- discover how to recognize the rights and duties of third parties and decide under what circumstances third parties are allowed to enforce contractsOpen the book and find:
Coverage of common law contracts and the Uniform Commercial Code (UCC) How a contract is formed through mutual assent Ways to determine whether a party has performed as promised How to determine whether a contract is void, voidable, or unenforceable Advice on figuring out remedies for breach Tips for interpreting contracts Questions to ask when analyzing contract problems Examples drawn from real-life casesTake the mumbo jumbo out of contract law and ace your contracts course
Confused by contract law? This hands-on guide gives you plain-English explanations of terminology and language used in contracts, showing you how to read and analyze cases and statutes with ease. You'll quickly and painlessly get up to speed on contract formation; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; the parol evidence rule; and more.
Defense! Defense! -- get the 4-1-1 on contract formation and the different contract defenses, including whether a party did anything illegal or unfair, whether the parties had the ability to make a contract, and the factors that determine whether an oral agreement is enforceable Make sense of the madness -- grasp the strategies the courts use to fill the gaps in a contract and interpret what the language really means To perform or to breach -- find out how one party may breach a contract even before performance is due by anticipatory repudiation There's a remedy for that -- understand the various methods available to the courts to remedy a breach in a way that's fair for both parties Bring a third party into the picture -- discover how to recognize the rights and duties of third parties and decide under what circumstances third parties are allowed to enforce contractsOpen the book and find:
Coverage of common law contracts and the Uniform Commercial Code (UCC) How a contract is formed through mutual assent Ways to determine whether a party has performed as promised How to determine whether a contract is void, voidable, or unenforceable Advice on figuring out remedies for breach Tips for interpreting contracts Questions to ask when analyzing contract problems Examples drawn from real-life casesScott J. Burnham is the Curley Professor of Commercial Law at Gonzaga University School of Law. For 30 years he has taught Contracts at law schools internationally and throughout the U.S. He is also a prolific writer on legal topics and a consultant on contract drafting for numerous businesses.
Introduction 1
Part I: Introducing Contract Law and Contract Formation 7
Chapter 1: Getting the Lowdown on Contract Law 9
Chapter 2: Let's Make a Deal: Offer and Acceptance 23
Chapter 3: Sealing the Deal: The Doctrine of Consideration 45
Chapter 4: Noting Exceptions: Promises Enforceable without a Contract 63
Part II: Determining Whether a Contract Is Void, Voidable, or Unenforceable 77
Chapter 5: Introducing Contract Defenses 79
Chapter 6: Considering Whether an Agreement Is Unenforceable Due to Illegality or Unfairness 89
Chapter 7: Evaluating the Parties' Ability to Make the Contract 105
Chapter 8: Assessing the Enforceability of Oral Agreements 119
Part III: Analyzing Contract Terms and Their Meaning 135
Chapter 9: Evaluating Unwritten Terms with the Parol Evidence Rule 137
Chapter 10: Finding Unwritten Terms That Complete the Contract 151
Chapter 11: Interpreting Contracts 169
Part IV: Performing the Contract or Breaching It 183
Chapter 12: Evaluating Whether Contract Modifications Are Enforceable 185
Chapter 13: Deciding Whether Unforeseen Events Excuse Performance 201
Chapter 14: Checking for Conditional Language 213
Chapter 15: Breaching the Contract by Anticipatory Repudiation 235
Part V: Exploring Remedies for Breach of Contract 247
Chapter 16: Examining How Courts Handle Breach of Contract 249
Chapter 17: Exploring Remedies in Article 2 of the UCC 267
Chapter 18: Checking for Additional Remedies 285
Part VI: Bringing Third Parties into the Picture 303
Chapter 19: Deciding Whether a Third Party Can Enforce or Interfere with a Contract 305
Chapter 20: Acknowledging the Rights and Duties of Third Parties 315
Part VII: The Part of Tens 325
Chapter 21: Ten Questions to Ask When Analyzing a Contracts Problem 327
Chapter 22: Ten Notable People (And Philosophies) in Contract Law 337
Appendix: Glossary 341
Index 345
Erscheinungsjahr: | 2011 |
---|---|
Fachbereich: | Handels- und Wirtschaftsrecht, Arbeitsrecht |
Genre: | Recht |
Produktart: | Nachschlagewerke |
Rubrik: | Recht & Wirtschaft |
Medium: | Taschenbuch |
Inhalt: | Kartoniert / Broschiert |
ISBN-13: | 9781118092736 |
ISBN-10: | 1118092732 |
Sprache: | Englisch |
Einband: | Kartoniert / Broschiert |
Autor: | Burnham, Scott J. |
Orchester: | Kraynak, Joe |
Hersteller: | John Wiley & Sons Inc |
Maße: | 242 x 192 x 23 mm |
Von/Mit: | Scott J. Burnham |
Erscheinungsdatum: | 16.12.2011 |
Gewicht: | 0,581 kg |
Scott J. Burnham is the Curley Professor of Commercial Law at Gonzaga University School of Law. For 30 years he has taught Contracts at law schools internationally and throughout the U.S. He is also a prolific writer on legal topics and a consultant on contract drafting for numerous businesses.
Introduction 1
Part I: Introducing Contract Law and Contract Formation 7
Chapter 1: Getting the Lowdown on Contract Law 9
Chapter 2: Let's Make a Deal: Offer and Acceptance 23
Chapter 3: Sealing the Deal: The Doctrine of Consideration 45
Chapter 4: Noting Exceptions: Promises Enforceable without a Contract 63
Part II: Determining Whether a Contract Is Void, Voidable, or Unenforceable 77
Chapter 5: Introducing Contract Defenses 79
Chapter 6: Considering Whether an Agreement Is Unenforceable Due to Illegality or Unfairness 89
Chapter 7: Evaluating the Parties' Ability to Make the Contract 105
Chapter 8: Assessing the Enforceability of Oral Agreements 119
Part III: Analyzing Contract Terms and Their Meaning 135
Chapter 9: Evaluating Unwritten Terms with the Parol Evidence Rule 137
Chapter 10: Finding Unwritten Terms That Complete the Contract 151
Chapter 11: Interpreting Contracts 169
Part IV: Performing the Contract or Breaching It 183
Chapter 12: Evaluating Whether Contract Modifications Are Enforceable 185
Chapter 13: Deciding Whether Unforeseen Events Excuse Performance 201
Chapter 14: Checking for Conditional Language 213
Chapter 15: Breaching the Contract by Anticipatory Repudiation 235
Part V: Exploring Remedies for Breach of Contract 247
Chapter 16: Examining How Courts Handle Breach of Contract 249
Chapter 17: Exploring Remedies in Article 2 of the UCC 267
Chapter 18: Checking for Additional Remedies 285
Part VI: Bringing Third Parties into the Picture 303
Chapter 19: Deciding Whether a Third Party Can Enforce or Interfere with a Contract 305
Chapter 20: Acknowledging the Rights and Duties of Third Parties 315
Part VII: The Part of Tens 325
Chapter 21: Ten Questions to Ask When Analyzing a Contracts Problem 327
Chapter 22: Ten Notable People (And Philosophies) in Contract Law 337
Appendix: Glossary 341
Index 345
Erscheinungsjahr: | 2011 |
---|---|
Fachbereich: | Handels- und Wirtschaftsrecht, Arbeitsrecht |
Genre: | Recht |
Produktart: | Nachschlagewerke |
Rubrik: | Recht & Wirtschaft |
Medium: | Taschenbuch |
Inhalt: | Kartoniert / Broschiert |
ISBN-13: | 9781118092736 |
ISBN-10: | 1118092732 |
Sprache: | Englisch |
Einband: | Kartoniert / Broschiert |
Autor: | Burnham, Scott J. |
Orchester: | Kraynak, Joe |
Hersteller: | John Wiley & Sons Inc |
Maße: | 242 x 192 x 23 mm |
Von/Mit: | Scott J. Burnham |
Erscheinungsdatum: | 16.12.2011 |
Gewicht: | 0,581 kg |