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Author: Daniel J. Bussel Publisher: ISBN: Category : Law Languages : en Pages : 1000
Book Description
The Seventh Edition casebook has several distinct aims. Those who prefer to emphasize the centrality of remedies, and the economic orientation that implies, will find the new order of chapters congenial. Those who cannot imagine not starting with a discussion of the concept of bargain, or even offer and acceptance, will find that they do not need to rip the book apart to do so. New teachers, who are likely to view the experience of teaching contracts very differently at the end of the semester, need not worry about conducting major surgery to change their approach the next year. The book is constructed out of relatively brief, interchangeable, and free-standing blocks. At the same time the authors continue to avoid the temptation to edit cases heavily. It remains very important to present a judicial opinion that discloses the judge's process of decision and enough of the reasoning underlying the conclusion for students to appreciate the decision making process. It appears that most students and teachers prefer newer cases and up-to-date issues for examination. The authors have sadly bid farewell to a number of old friends that have been replaced by more contemporary cases. These new cases present students with relevant issues stated in a currently recognizable voice.
Author: Daniel J. Bussel Publisher: ISBN: Category : Law Languages : en Pages : 1000
Book Description
The Seventh Edition casebook has several distinct aims. Those who prefer to emphasize the centrality of remedies, and the economic orientation that implies, will find the new order of chapters congenial. Those who cannot imagine not starting with a discussion of the concept of bargain, or even offer and acceptance, will find that they do not need to rip the book apart to do so. New teachers, who are likely to view the experience of teaching contracts very differently at the end of the semester, need not worry about conducting major surgery to change their approach the next year. The book is constructed out of relatively brief, interchangeable, and free-standing blocks. At the same time the authors continue to avoid the temptation to edit cases heavily. It remains very important to present a judicial opinion that discloses the judge's process of decision and enough of the reasoning underlying the conclusion for students to appreciate the decision making process. It appears that most students and teachers prefer newer cases and up-to-date issues for examination. The authors have sadly bid farewell to a number of old friends that have been replaced by more contemporary cases. These new cases present students with relevant issues stated in a currently recognizable voice.
Author: Scott J. Burnham Publisher: ISBN: 9780820557885 Category : Contracts Languages : en Pages : 0
Book Description
Drafting and Analyzing Contracts (called Drafting Contracts in its first two editions) is organized around the topics that are studied in the first year Contracts course. The purpose of this book is to apply the principles of contract law to the drafting of agreements. Each chapter discusses the substance of contracts as applied to drafting and suggests language that may be employed to accomplish the purpose. Drafting and Analyzing Contracts uses drafting to: exemplify the principles of contract law illustrate the principles in a planning context develop the skills of a lawyer Part I (How the Principles of Contract Law are Exemplified in Drafting) contains 14 chapters that illuminate the substantive law. For example: Chapter 7 demonstrates the problems that can arise from ambiguity and how to cure them; and Chapter 10 makes clear how drafters can use the concepts to accomplish different goals. Part II (How the Principles of Drafting are Exemplified in Contracts) teaches techniques for contact drafting, including Drafting in Plain Language and Drafting with a Computer. Part II reinforces the substantive law and is particularly useful for classes that teach drafting. New in this edition is Part III (How to Read and Analyze a Contract). Attorneys rely on forms and models and often employ form contracts where there is no opportunity for drafting. Therefore, attorneys must first read a contract before drafting or explaining it to a client. Students who follow the "5 passes" process for reading contracts will develop and deepen their analytical skills. A thorough Teacher's Manual (available only to professors) provides guidance on teaching drafting, commentary on all parts of the book, solutions to all the problems, additional problems, and a bibliography.
Author: Wenqing Liao Publisher: Ius Commune: European and Comparative Law Series ISBN: 9781780683560 Category : Breach of contract Languages : en Pages : 0
Book Description
This book analyses the theory of efficient breach in English sales law, European Union contract law and Chinese contract law. It analyses the framework of the efficient breach theory and reconsiders the implications of this theory. According to the traditional efficient breach theory, the remedy of expectation damages is able to motivate efficient breach, which brings the breaching party economic surplus without making the non-breaching party worse off. The essential problems are how to motivate contract parties to make rational decisions and how to solve cases where performance of a contract turns out to be less efficient after its conclusion. The second part of the book further extends the efficient breach theory to the study of contract law systems by analysing how exactly those laws react to breach and what solutions are adopted by them. The comparison of these three systems is more than a mere description of the differences and similarities in the content. More importantly, this comparative research also analyses whether or not the differences between these systems will influence the level of efficiency produced by each legal system by taking account of the different traditions and the concepts of contracts involved in each legal system. Researchers in contract law will also be interested in this approach, particularly for re-thinking the question of whether one legal system is definitely better or worse than the other two. (Series: Ius Commune Europaeum - Vol. 142) Subject: Contract Law, Sales Law, European Law, Chinese Law, International Law]
Author: Scott J. Burnham Publisher: John Wiley & Sons ISBN: 1118092732 Category : Law Languages : en Pages : 397
Book Description
Take the mumbo jumbo out of contract law and ace your contracts course Contract law deals with the promises and agreements that law will enforce. Understanding contract law is vital for all aspiring lawyers and paralegals, and contracts courses are foundational courses within all law schools. Contract Law For Dummies tracks to a typical contracts course and assists you in understanding the foundational legal rules controlling voluntary agreements people enter into while conducting their personal and business affairs. Suitable as a supplement to introductory and advanced courses in contract law, Contract Law For Dummies gives you plain-English explanations of confusing terminology and aids in the reading and analysis of cases and statutes. Contract Law For Dummies gives you coverage of everything you need to know to score your highest in a typical contracts course. You'll get coverage of contract formation; contract defenses; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; electronic contracts and signatures; and much more. Tracks to a typical contracts course Plain-English explanations demystify intimidating information Clear, practical information helps you interpret and understand cases and statutes If you're enrolled in a contracts course or work in a profession that requires you to be up-to-speed on the subject, Contract Law For Dummies has you covered.
Author: Catherine E Mitchell Publisher: A&C Black ISBN: 1782253130 Category : Law Languages : en Pages : 442
Book Description
An oft-repeated assertion within contract law scholarship and cases is that a good contract law (or a good commercial contract law) will meet the needs and expectations of commercial contractors. Despite the prevalence of this statement, relatively little attention has been paid to why this should be the aim of contract law, how these 'commercial expectations' are identified and given substance, and what precise legal techniques might be adopted by courts to support the practices and expectations of business people. This book explores these neglected issues within contract law. It examines the idea of commercial expectation, identifying what expectations commercial contractors may have about the law and their business relationships (using empirical studies of contracting behaviour), and assesses the extent to which current contract law reflects these expectations. It considers whether supporting commercial expectations is a justifiable aim of the law according to three well-established theoretical approaches to contractual obligations: rights-based explanations, efficiency-based (or economic) explanations and the relational contract critique of the classical law. It explores the specific challenges presented to contract law by modern commercial relationships and the ways in which the general rules of contract law could be designed and applied in order to meet these challenges. Ultimately the book seeks to move contract law beyond a simple dichotomy between contextualist and formalist legal reasoning, to a more nuanced and responsive legal approach to the regulation of commercial agreements.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) Publisher: ISBN: 9781680923025 Category : Languages : en Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: Christoph Brunner Publisher: Kluwer Law International B.V. ISBN: 9041127925 Category : Law Languages : en Pages : 626
Book Description
Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.
Author: Daniel J. Bussel
Author: Daniel J. Bussel
Author: Addison Mueller
Author: Scott J. Burnham
Author: DANIEL P. O'GORMAN
Author: Wenqing Liao
Author: Scott J. Burnham
Author: Catherine E Mitchell
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Author: Christoph Brunner
Author: Boel Flodgren