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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

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

Table of Cases
Statutory Index
Subject Index

Page Count: 412

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Additional Documents

 
This resource is available as an e-book. Modernize your legal library for in-depth research on the go!

Learn from an expertThis 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 roles as author to 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 includes pragmatic solutions.

This resource is available as an e-book. Modernize your legal library for in-depth research on the go!
Product Information
Product Date:
September 01, 2015
Contract Law for the 21st Century Lawyer: Critical Analysis and Practical Application, Third Edition (Includes CD-ROM)
Speaker Information
Timothy Murray Esq.
John E. Murray, Jr., Esq.
Tags
8831
Individual topic purchase: Selected
Products
Book with CD-ROM
PBI Price:$99.00