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Contracts
by Richard Stim AttorneyUnderstand virtually any contract and sign on the dotted line with confidence. Contracts are a part of everyday life now -- you can't download a piece of software or accept an employment offer without having to click "I agree" or sign at least one piece of paper. But very few of us are able to decipher the legalese in these documents, leading most people to hesitate before committing to a contract's terms. Contracts: The Essential Business Desk Reference is the first book to explain contract terms in language for the layperson. This indispensable A to Z guide covers: definitions of common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't how to change contracts Contracts: The Essential Business Desk Reference will help you save money by coaching you on which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners, but still contains enough detail to have a place on nearly any lawyer's bookshelf.
Contracts (The Emanuel Law Outlines)
by Steven L. EmanuelThe most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.
Contracts In A Nutshell (Nutshells Series)
by Claude Rohwer Anthony Skrocki Michael MalloyThis Nutshell provides a comprehensive guide to the law of contracts. It contains expert explanations of contract concepts under both the common law and Article 2 of the Uniform Commercial Code. It also includes the basics of the Law of Restitution and an introduction to digital contracting.
Contracts Texts: Restatement 2d Contracts, UCC Article 2 and CISG
by Professor James E. ByrneContracts Texts: Restatement 2d Contracts, UCC Article 2 and CISG Fifth Edition
Contracts for Construction and Engineering Projects (Practical Legal Guides for Construction and Technology Projects)
by Donald CharrettContracts for Construction and Engineering Projects provides unique and invaluable guidance on the role of contracts in construction and engineering projects. The work explores various aspects of the intersection of contracts and construction projects involving the work of engineers and other professionals engaged in construction, whether as project managers, designers, constructors, contract administrators, schedulers, claims consultants, forensic engineers or expert witnesses. Compiling papers written and edited by the author, refined and expanded with additional chapters in this new edition, this book draws together a lifetime of lessons learned in these fields and covers the topics a practising professional might encounter in construction and engineering projects, developed in bite-sized chunks. The chapters are divided into five key parts: 1. The engineer and the contract 2. The project and the contract 3. Avoidance and resolution of disputes 4. Forensic engineers and expert witnesses, and 5. International construction contracts. The inclusion of numerous case studies to illustrate the importance of getting the contract right before it is entered into – and the consequences that may ensue if this is not done – makes this book essential reading for professionals practising in any area of design, construction, contract administration, preparation of claims or expert evidence, as well as construction lawyers who interact with construction professionals.
Contracts for Infrastructure Projects: An International Guide to Application (Practical Legal Guides for Construction and Technology Projects)
by Philip Loots Donald CharrettContracts for Infrastructure Projects: An International Guide provides a guide to the law relating to construction contracts for infrastructure projects; it is intended for the use of engineers and other professionals who are involved in the negotiation and administration of construction contracts, to enable them to understand the risks involved, and how to minimise them. The principles of construction law outlined in this book apply to small construction contracts as well as very large contracts for which the contract sum may be in the billions of dollars. The focus of the book is on construction contracts entered into by commercial organisations operating in a business environment. Contract law generally assumes that such parties are of equal bargaining power and puts relatively few fetters on their ability to agree on the terms of their bargain. However, where legislation impacts on the execution of construction projects or the operation of construction contracts it may be of major importance in protecting the rights of weaker parties or third parties. It is assumed that the users of this book will be familiar with the general concepts of tendering and contracting for engineering and construction projects but may not have any formal knowledge of the law. To the extent possible, the emphasis is on general principles of contract law that are widely accepted in many jurisdictions. Examples are drawn from case law in a number of common law jurisdictions, as well as from civil codes.
Contracts in Context: From Transaction to Litigation (Aspen Casebook)
by Nadelle Grossman Eric ZacksThis new casebook focuses on the transactional nature of contracts. In addition to describing the law of contracts and how the law is applied in litigation, Contracts in Context: From Transaction to Litigation explores why parties enter into contracts, how written contracts are customarily structured, and why and how parties use contract design and terms to achieve their goals. It explores how parties contract around default requirements of the law, in addition to satisfying mandatory aspects of the law, through contracts. The book describes the role of both the transactional lawyer and litigator in working with contracts. It presents much of the material in expository fashion rather than only or primarily through cases. It then challenges students to apply that law through transactional and litigation practice and simulation problems.
Contracts in the Real World
by Lawrence A. CunninghamContracts, the foundation of economic activity, are both vital and misunderstood. This book corrects the misunderstandings through a series of engaging stories involving such diverse individuals as Martin Luther King, Maya Angelou, Clive Cussler, Lady Gaga and Donald Trump. Capturing the essentials of this subject, the book explores recurring issues people face in contracting. It shows how age-old precedents and wisdom still apply today and how contract law's inherent dynamism cautions against exuberant reforms. The book will appeal to the general reader and specialists in the field alike, and to both teachers and students of contracts.
Contracts of Adhesion Between Law and Economics: Rethinking the Unconscionability Doctrine (SpringerBriefs in Law)
by Elena D'AgostinoThis book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer's psychology and seller's drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.
Contracts of Carriage by Air: Contracts Of Carriage By Land And Air (Maritime and Transport Law Library)
by Malcolm A. ClarkeContracts of Carriage by Air, Second Edition contains annotated analysis of the provisions of the international conventions governing the carriage of goods and passengers by air. This book provides you with practical advice and brings you: • An overall view of the two liability regimes, followed by a short history of the Warsaw Convention in its various versions and what led to agreement on a single regime, the Montreal Convention, as well as the threat to uniformity posed by EC Directives.• A statement of the rules of interpretation applicable to conventions of uniform law, illustrated mainly by decisions of the air conventions.• Commentary on the text of the 1999 Montreal Convention together with commentary on the text of the 1967 Warsaw Convention.• Reference to decisions of the courts not only of the UK but also those of other common law countries, notably the USA, and countries of civil law, notably France and Germany.
Contracts, third edition: Happiness and Heartbreak
by Randall KennedyA casebook to be used as the primary text for first-year law school contracts courses, written by a leading scholar in contract law.Renting a home, buying a ticket, downloading an app—humans enter into contracts constantly, often with little consciousness of the legal implications. We typically become alert to the consequences only when a problem arises. Contracting can increase our happiness by enabling us to do things that we would be otherwise unable to do, but heartbreak follows when things go wrong. This casebook, which can be used as a primary text for a first-year law school contracts course, covers a wide spectrum of quandaries that emerge in contract law, from problems of overreach and interpretation to enforcement and fraud. Taken together, these cases offer an exploration of contract pathology and introduce students to concepts that are essential to understanding the vast subject of Anglo-American contract law. This book is part of the Open Casebook series from Harvard Law School Library and the MIT Press.Primary text for a first-year law school contracts course Developed for use at Harvard Law School by a leading scholar in contract law Diverse cases show differing approaches to a range of problems within contractingClassroom tested
Contracts: A Contemporary Approach (Interactive Casebook Ser.)
by Elizabeth Schiltz Christina Kunz Carol ChomskyAbout 25% shorter than the previous edition, the third edition of this casebook contains both traditional edited case opinions and numerous brief example cases so students can learn from reviewing multiple applications of the legal rules. Well placed text boxes provide "reading critically" questions preceding cases and supplemental information and additional questions at crucial junctures. Tables and flowcharts demonstrate connections among concepts and give visual learning cues. With the guidance provided, students are able to prepare more effectively for class, so they start class at a more sophisticated level and proceed more easily to deeper analysis. The book also includes frequent problem sets, both essay and multiple-choice, to test and expand students' understanding. The accompanying electronic version links directly to cited sources and to related multiple-choice problems. In addition to classic contract cases the book includes new cases chosen because of their teachability and because they address current issues and modern business practices. "Practice Pointers" provide a transactional focus by exploring practical implications of legal doctrine. The book no longer contains the text of Restatement and UCC provisions, so it should be accompanied by a statutory supplement.
Contracts: A Context and Practice Casebook, 3rd ed
by Michael Hunter Schwartz Adrian J. WaltersEvery chapter in this innovative casebook places students in roles as practitioners handling simulated law practice problems; provides context in the form of an overview of the law, similar to that which an attorney would read before reading cases in a new subject area; includes questions designed to encourage students to find the applicable statutes and cases on point in the state where the student is planning to practice law; includes exercises, visual aids, and case reading scaffolds, designed to engage students with a wide range of learning styles; and ends with professionalism questions addressing ethical and professional identity questions suggested by the materials in the chapter. The third edition of Contracts: A Context and Practice Casebook reflects an effort to move the book and accompanying teaching materials into the next generation. Like prior editions of the book, the third edition adopts a learner-centered approach and draws deeply from modern brain science. The book contains dozens of problems, many of which the authors created in collaboration with practicing attorneys, and, the very extensive teacher's manual, includes learning objectives for each doctrinal area, dozens of multiple-choice questions, and detailed teaching notes. This new edition includes the integration of the multiple-choice questions, which have been substantially revised with Carolina Academic Press's Core Knowledge software, and the use of color throughout the book, which adds visual interest, promotes clarity and provides emphasis.
Contracts: Cases and Doctrine (Aspen Casebook)
by Randy E. Barnett Nathan B. OmanContracts: Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis--how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman's innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context. The Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This edition adds new cases that have been chosen for their topicality, facts, or pedagogical usefulness. New areas covered include so-called "smart contracts" and the relationship between restitution and contract. As always, we have tried to focus on cases with facts that will be easier to teach. New cases in this edition include a contract with a spy that turns out to be a double agent for the KGB, the effect of pandemics on contractual obligations, the gambling shenanigans of a royal prince, and emotional support animals.
Contracts: Cases and Materials (University Casebook)
by Richard R. W. Brooks Carol Sanger E. Allan Farnsworth Neil B. Cohen Larry T. GarvinAs a part of our CasebookPlus offering, you'll receive the print book along with lifetime digital access to the eBook. Additionally you'll receive 12-month online access to the Learning Library which includes quizzes tied specifically to your book, an outline starter and digital access to leading study aids in that subject and the Gilbert® Law Dictionary. The included study aids are Contracts in a Nutshell, Exam Pro on Contracts and Acing Contracts. The redemption code will be shipped to you with the book. <P><P> This casebook traces the development of contract law in the English and American common law traditions. Like earlier editions, the 8th edition features authoritative introductions to major topics, carefully selected cases, and well-tailored notes and problems. The casebook is ecumenical in its outlook, presenting a well-balanced approach to the study of contract law without ever losing sight of the importance of doctrine in all its detail. Cases are situated within a variety of disciplines history, economics, philosophy, and ethics and present the law in a variety of settings commercial, familial, employment, and sports and entertainment. The 8th edition will feel familiar yet fresh to current users and both exciting and comfortable to newcomers to contracts or to this casebook.
Contracts: Cases, Discussion, And Problems (Examples And Explanations Ser.)
by Brian A. BlumExamples and Explanations for Contract Law, Eighth Editionby Brian Blum provides new updates and additional cases for contract law in the student-loved Examples and Explanations format. The Examples and Explanations Series provides hypothetical questions complemented by detailed explanations that allow modern contract law students to test their knowledge of the topics and compare their own analysis to the provided explanation.
Contracts: Cases, Discussion, and Problems (Aspen Casebook)
by Brian Blum Amy BushawContracts: Cases, Discussion, and Problems, Fourth Editionis known for its strikingly clear, straightforward text that illuminates cases as well as concepts and theory. The book focuses on modern cases to expose students to contemporary contract law, but it also includes many important or iconic older cases. Numerous problems, ranging from simple to complex, supplement cases and introduce topics taught most effectively through problems. The casebook s traditional organization begins with formation and then corresponds to the sequence followed by the Restatement (2nd) of Contracts and treatises. Procedural issues are highlighted when presented by the cases and transactional issues such as drafting, client counseling, and negotiation are raised through the use of questions and small exercises throughout the text. Strengthening the text s focus on contemporary methods of contracting, modern issues in standard contracts are explored along with contracts entered into electronically. International and comparative material offers alternative approaches for students to consider, such as those taken by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts.
Contracts: Examples & Explanations (Sixth Edition)
by Brian A. BlumA thorough overview of Contracts, the fifth edition of this popular E&E for Brian Blum's extraordinarily lucid explanations of complex concepts. The Fifth Edition of Examples & Explanations: Contracts, builds on the framework established in earlier editions by providing an accessible, comprehensive treatment of the first-year contracts syllabus, written especially for students and designed to provide them with information, examples, and analysis of appropriate complexity and detail. In the fifth edition, the coverage of contracting through standard forms and electronic means is expanded, and new notes offer an international perspective on contract law. Thoroughly updated in its Fifth Edition, Examples & Explanations: Contracts features: the proven-effective Examples & Explanations format that combines explanatory text with hypothetical problems and answers a well-organized arrangement of topics that links the themes in each chapter so that students can see the interaction between different topics studied in the course informal and lucid text that articulates basic assumptions, explains the transactional context, and defines terminology sufficiently complex examples--many based on actual cases --that allow the reader to explore topics in depth flow charts and diagrams that illustrate key points and reinforce memory coverage of UCC Article 2 throughout the book expanded coverage of standard form contracts and contemporary forms of contracting via electronic communications and on the Internet new notes throughout the book that give student a perspective on how the rules of contract law may differ in other countries A gifted teacher and author, Brian Blum clarifies the principles, goals, policies, and legal rules of Contracts. The Examples & Explanations pedagogy gives the reader practice interpreting the contracts and applying the rules and principles to factual situations.
Contracts: Law in Action, Volume 1: The Introductory Course
by Stewart Macaulay Kathryn Hendley William WhitfordContracts: Law in Action (CLA) is unique among contracts casebooks for two reasons. First, it has a distinct methodological commitment the ''law in action'' approach pioneered by, among others, authors Macaulay and Whitford. CLA provides unique contextual background into such chestnut cases as Parker v. Twentieth Century Fox and Hoffman v. Red Owl. This context allows teachers to explore such issues as where cases come from and what impact they have on the parties and others. Second, unlike many other casebooks CLA offers detailed and challenging problem sets to help students develop both the basic analytic skills they need to succeed and the larger modes of inquiry that distinguish the best lawyers. CLA is the rare book that marries theory and practice in an engaging and accessible way.
Contracts: The Essential Business Desk Reference
by Richard StimUnderstand virtually any contract and sign on the dotted line with confidence. This is the first book to explain contract terms in language for the layperson. This indispensable A to Z guide covers: definitions of over 300 common terms found in contracts how to decipher the language of contracts which clauses are important and which aren't illegal and dangerous contract clauses to watch out for, and how to negotiate or change contracts. Contracts: The Essential Business Desk Reference will help you save money by explaining which clauses are important so that you can avoid a pricey professional review by a lawyer. Written in plain English, this book is especially useful for law students and business owners (including one-person operations and independent contractors), but still contains enough detail to have a place on nearly any lawyer's bookshelf.
Contracts: Transactions and Litigation (Fourth Edition) (American Casebook Series)
by George W. Kuney Robert M. LloydContracts: Transactions and Litigation (Fourth Edition), compares and contrasts the common law of contracts, the Restatement of the Law Second-Contracts, and Uniform Commercial Code Article 2 rules, as well as the United Nations Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts, and explores their evolution and application.
Contractual Estoppel (Lloyd's Commercial Law Library)
by Alexander TrukhtanovThis book is the first comprehensive account of contractual estoppel. Contractual estoppel is a new and exciting development in the common law, widely employed and of considerable practical utility. The concept has been noticed by academics, mostly to be criticised as anomaly, misnomer and an objectionable policy choice, and commentary on the concept has been limited to recitation and critique of a few principal cases. Yet this book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. In this new title, the author, Alexander Trukhtanov, responds to policy objections and seeks to answer the charge that contractual estoppel is a misnomer, anomaly or distortion of reliance-based categories of estoppel, by showing that contractual estoppel is its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
Contractual Estoppel (Lloyd's Commercial Law Library)
by Alexander TrukhtanovThe second edition of this book continues to offer the first and only comprehensive account of contractual estoppel, now made fully up to date with reference to the most recent cases. Contractual estoppel, a new and exciting development in the common law, is ever more widely employed and keeps showing itself of considerable practical utility. The book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. The doctrine continues to develop and the second edition tracks, catalogues, discusses and explains its multifarious applications, limits and niceties. In this title, the author, Alexander Trukhtanov, maintains the principal doctrinal claim of the first edition that contractual estoppel is a not misnomer, anomaly or distortion of reliance-based categories of estoppel, but its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
Contractual Management: Managing Through Contracts
by Bert Eichhorn Ralph SchuhmannThe Concept Contractual Management offers a holistic approach to managerial decision-making based on contracts or business processes that are related to contracts. It explains management from the point of view of the contract, just as it interprets the contract from the point of view of management. Thus, the approach highlights the great inherent potential of contracts for managing companies, transactions and business relationships. The book addresses students as well as practitioners and gives insights into the usage of contracts to manage companies or relationships. It covers contract handling from preliminary deliberations to negotiations, implementation, and all the way to the evaluation of the contract within the company. Furthermore, it provides competencies to design and implement a contract and to organize the relevant processes. The Content In Part 1, the book explains the theoretical foundations of Contractual Management; in Part 2, the application of the approach is illustrated through case studies which cover various sectors, industries, company sizes, contract types, and management situations. Theory part: Contractual Management – A Holistic Approach to a Diverse Issue. Case study part: 11 case studies arranged according to specific contract-related topics: Information and Communication – Change – Enterprise Networks – Conflict – Accounting and Financing – Legal Compliance – Societal Steering. The Editors Professor Dr. Ralph Schuhmann: After holding a senior management position in industry, Ralph Schuhmann now teaches Business Law at Ernst-Abbe-Hochschule in Jena, Germany. He is the scientific director of the Contractual Management Institute at SRH Hochschule Berlin and has published various articles on contract law and contract management. Professor Dr. Bert Eichhorn: Before his appointment as professor for International Law and Business Law at SRH Hochschule Berlin, Bert Eichhorn worked as a legal consultant at the EU Parliament and as a lawyer. He has published numerous articles in national and international scientific journals in the area of contract management and international law. He is the managing director of the Contractual Management Institute at SRH Hochschule Berlin.
Contractual Procedures in the Construction Industry
by Srinath Perera Allan AshworthContractual Procedures in the Construction Industry 7th edition aims to provide students with a comprehensive understanding of the subject, and reinforces the changes that are taking place within the construction industry. The book looks at contract law within the context of construction contracts, it examines the different procurement routes that have evolved over time and the particular aspects relating to design and construction, lean methods of construction and the advantages and disadvantages of PFI/PPP and its variants. It covers the development of partnering, supply chain management, design and build and the way that the clients and professions have adapted to change in the procurement of buildings and engineering projects. This book is an indispensable companion for students taking undergraduate courses in Building and Surveying, Quantity Surveying, Construction Management and Project Management. It is also suitable for students on HND/C courses in Building and Construction Management as well as foundation degree courses in Building and Construction Management. Key features of the new edition include: A revised chapter covering the concept of value for money in line with the greater emphasis on added value throughout the industry today. A new chapter covering developments in information technology applications (building information modelling, blockchains, data analytics, smart contracts and others) and construction procurement. Deeper coverage of the strategies that need to be considered in respect of contract selection. Improved discussion of sustainability and the increasing importance of resilience in the built environment. Concise descriptions of some the more important construction case laws.