• PBI Press Book

Contract Law for the 21st Century Lawyer: Critical Analysis and Practical Application, 3rd Edition (Includes CD-ROM)

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Item Code: 08831-PBK

About

Contract Law for the 21st Century Lawyer

Learn from an expert: This book answers practitioners' need for a reference that combines a thorough analysis of the law with advice for resolving everyday drafting and litigation issues. The author has reviewed thousands of cases in his role as author of the supplements of Corbin on Contracts. He has represented clients in numerous contracts cases and has consulted with law firms across the country. From this experience, he has developed a book that examines the law governing contracts—including case law, Restatement (Second) of Contracts, Article 2 of the UCC, CISG, UETA, and E-SIGN—as well as practical issues of contract formation, drafting to avoid future controversy, interpretation, the parol evidence rule, modification, material breach, substantial performance, remedies, assignments and third-party beneficiaries, maintaining control, and getting the best result for your client. Plus, the third edition introduces a new chapter, Contract Drafting Land Mines, which outlines common problematic drafting issues and explains pragmatic solutions.

Contents

Twenty-first Century Sources of Contract Law—Common Law, Restatement, UCC, and CISG
The Purpose of Contract Law
Promises the Law Will Enforce—Objective Theory of Contract—Contracts Implied in Fact and in Law
Preliminary Agreements: Agreements Not Intended to Reach the Ultimate Contractual Objective
The Agreement Process
Drafting Offers—Controlling the Acceptance
Revocation of Offers
Making Offers Irrevocable
Firm Offers Under the Uniform Commercial Code
Employment Contracts
Offers Irrevocable Through Reliance
Irrevocable Offers Upon Part Performance—“Unilateral" vs. “Bilateral" Contracts
Rejection of Offers—Counteroffers
Acceptance of Offers
The Manner and Medium of Acceptance
The “Battle of the Forms"—Acceptance With Different or Additional Terms
The Radical “Rolling Contract" Theory—“Accept or Return"
Arbitration In the 21st Century
CISG—Major Differences from U.S. Law
The Validation Process—Seal, Uniform Written Obligations Act, Consideration, Promissory Estoppel, Illusory Promises, Requirements, Output, and Exclusive Dealing Contracts
Statute of Frauds
Contract Modifications
Interpretation
The Enigmatic Parol Evidence Rule
Conditions in the Law of Contracts
Unconscionability
Third-Party Beneficiaries
Assignments and Delegation
Joint and Several Contracts
Breach, Material Breach, Effects, and Decision—Criteria—Substantial Performance
UCC—“Perfect Tender" Rule—Rejection—Cure—Revocation of Acceptance—Notice of Breach
Anticipatory Repudiation—Demanding Adequate Assurances
“Force Majeure"—Impossibility—Commercial Impracticability
Remedies—Expectation, Reliance, and Restitution Interests in Common Law and the UCC
Uniform Commercial Code Remedies
Contract Drafting Land Mines

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Published: 9/1/2015
Size: 6x9

Authors/Faculty

Timothy Murray Esq.
Murray Hogue & Lannis
Dr. John E. Murray Jr.
Murray Hogue & Lannis