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The expert author provides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, avoidance and reformation, third-party beneficiaries, assignments, and the statute of frauds. The discharge of contracts and illegal bargains are also the subject of separate chapters.
Started as an experiment that has proven to be successful, the methodology in Cases and Problems on Contracts helps law students exercise analytic thinking and enables them to master basic contracts by working problems and dissecting cases. The material employs the problem method in tandem with case dissection to develop students? interest and increase their store of knowledge. Cases and Problems on Contracts includes sections on the agreement process, consideration, moral obligation, consideration, third-party beneficiaries, assignment and delegation, statute of frauds, and discharge of contracts. The editors have included many cases involving lawyers as contracting parties to illuminate various aspects of professional responsibility.
"The attempt to describe and analyze so vast a subject matter in one volume has obvious dangers. Over-simplifications are inevitable. Generalizations tend to be more dogmatic than the law in action. Nevertheless, the practitioner is aware and the student soon becomes aware of the uses and limitations of introductory texts. A text of this kind seeks to provide a guide to a deeper knowledge of the subject". -- PREFACE.
Chinese Contract Law (2nd Ed) contains the latest developments of contract legislation, adjudication and practices in China and provides all information necessary to comprehend contemporary Chinese contract law.
A vexing problem in contract law is modification. Two parties sign a contract but before they fully perform, they modify the contract. Should courts enforce the modified agreement? A private remedy is for the parties to write a contract that is robust to hold-up or that makes the facts relevant to modification verifiable. Provisions accomplishing these ends are renegotiation-design and revelation mechanisms. But implementing them requires commitment power. Conventional contract technologies to ensure commitment – liquidated damages – are disfavored by courts and themselves subject to renegotiation. Smart contracts written on blockchain ledgers offer a solution. We explain the basic economics and legal relevance of these technologies, and we argue that they can implement liquidated damages without courts. We address the hurdles courts may impose to use of smart contracts on blockchain and show that sophisticated parties' ex ante commitment to them may lead courts to allow their use as pre-commitment devices.
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Offer and Acceptance; Parol Evidence and Interpretation; Consideration; Informal Contracts Without Consideration or Detrimental Reliance; Promissory Estoppel: Detrimental Reliance as a Substitute for Consideration; Contracts Under Seal; Capacity of Parties; Avoidance or Reformation for Misconduct or Mistake; Conditions; Breach and Prospective NonPerformance; Impossibility or Impracticability of Performance; Frustration of the Venture; Risk of Casualty Losses; Damages; Restitution as a Remedy For Breach; Specific Performance and Injunctions; Third-Party Beneficiaries; Assignment and Delegation; Statute of Frauds; Joint and Several Contracts; Discharge of Contracts; Illegal Bargains.
For a casebook that smoothly mixes the lastest cases with more of the classics than any other book, choose Randy Barnett's Contracts: Cases and Doctrines . Now in its Third Edition, this popular casebook successfully employs a student-friendly 'back-to basics' approach. When you examine the casebook, be sure to notice its: flexible modular organization; the book begins with Remedies, but chapters can easily be rearranged to suit instructor preferences longer, more lightly-edited opinions that train students to sift through decisions to identify the most pertinent facts and reasoning memorable fact patterns to enliven study and provide more provocative contrasts unique background information that makes cases come alive and puts them in context study guide questions before most materials that help students focus their reading the Third Edition smoothly integrates e-commerce cases and materials including: 'click-through' agreements 'shrink-wrap' agreements telephone sales statute of frauds and unconscionablility excerpts from the new Uniform Electronic Transactions Act (UETA) And The Uniform Computer Information Transactions Act (UCITA) proposed revisions To The Uniform Commercial Code (UCC) in addition, The Third Edition features: captivating cases like CNA & American Casualty v. Arlyn Phonenix background material on avoiding problems of assent with e-commerce, The UN convention on contracts For The sale of goods, and Alaska Packers Association v. Domenico a significantly revised Teacher's Manual, with transition guide and sample syllabi