Contracts: Examples & Explanations

Overview

Professor Brian A. Blum, highly regarded for both his strong writing ability and his skill in teaching first-year students, offers a clear, readable text to help the beginner master the difficult concepts and vocabulary of Contracts. Carefully designed to facilitate effective study, CONTRACTS: Examples and Explanations takes the practical three-step approach that characterizes this effective Series: -Thorough descriptions explore and explain the concepts under consideration -Examples gives students an opportunity...

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Overview

Professor Brian A. Blum, highly regarded for both his strong writing ability and his skill in teaching first-year students, offers a clear, readable text to help the beginner master the difficult concepts and vocabulary of Contracts. Carefully designed to facilitate effective study, CONTRACTS: Examples and Explanations takes the practical three-step approach that characterizes this effective Series: -Thorough descriptions explore and explain the concepts under consideration -Examples gives students an opportunity to test their comprehension by applying the law to contemporary fact patterns -Explanations help them measure their mastery of the material and provide suggested answers and feedback. Subtle complexities of the law come into focus when students begin with straightforward examples and build their knowledge through progressively more difficult problems. Throughout the book, useful diagrams give students visual representations of important concepts to strengthen the textual explanations. Blum structures his book in a series of self-contained chapters on: -Consideration -Promissory Estoppel -Restitution -Offer and Acceptance -Interpretation and Construction -The Statute of Frauds and the Parole Evidence Rule -Judicial Regulation of Improper Bargaining and of Violation of Law and Public Policy -Incapacity -Mistake -Conditions -Breach of Contract -Remedies -Assignment, Delegation, and Third Party Beneficiaries This comprehensive coverage of all key topics allows students to consult the text for specific guidance. Table of Contents Preface Acknowledgements Chapter 1: The Meaning of 'Contract' and the Basic Attributes of the Contractual Relationship Chapter 2: Facets of the Law of Contract and the Source of Its Rules, Processes, and Traditions Chapter 3: The Doctrine of Precedent and a Contract Case Analysis Chapter 4: The Objective Test and Common Law Offer and Acceptance Chapter 5: Options and Firm Offers Chapter 6: Offer and Acceptance Under the UCC, and the 'Battle of the Forms' Chapter 7: Consideration Chapter 8: Promissory Estoppel as the Basis for Enforcing Promises Chapter 9: Restitution: Unjust Enrichment and ' Moral Obligation' Chapter 10: Interpretation and Construction: Resolving Meaning and Dealing with Uncertainty in Agreements Chapter 11: The Statute of Frauds Chapter 12: The Parol Evidence Rule Chapter 13: Judicial Regulation of Improper Bargaining and of Violations of Law and Public Policy Chapter 14: Incapacity Chapter 15: Mistake, Impracticability, and Frustration of Purpose Chapter 16: Conditions and Promises Chapter 17: Breach and Repudiation Chapter 18: Remedies for Breach of Contract Chapter 19: Assignment, Delegation, and Third-Party Beneficiaries Glossary Index

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Product Details

  • ISBN-13: 9781567066340
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 3/28/1998
  • Edition description: Older Edition
  • Edition number: 1
  • Pages: 1340

Table of Contents

Table of Contents Preface Acknowledgements 1: The Meaning of 'Contract' and the Basic Attributes of the Contractual Relationship 1.1 Introduction 1.2 The Legal Meaning of 'Contract' 1.3 Contact as a General Body of Law Applicable to Diverse Transactions 1.4 The Fundamental Policies and Values of Contract Law 2: Facets of the Law of Contract and the Source of Its Rules, Processes, and Traditions 2.1 The Purpose of this Chapter 2.2 The Historical Perspective of Contract Law 2.3 Classical and Contemporary Contract Law 2.4 The Meaning of 'Common Law' 2.5 The Distinction Between Law and Equity 2.6 State Law Governs Contracts 2.7 The Uniform Commercial Code (UCC) 2.8 What Is the RESTATEMENT (SECOND) OF CONTRACTS? 3: The Doctrine of Precedent and a Contract Case Analysis 3.1 Studying Contract Through Appellate Cases - An Introduction and a Note on Perspective 3.2 How Judges Make Contract Law: Judicial Precedent 3.3 The Anatomy of a Judicial Opinion 4: The Objective Test and Common Law Offer and Acceptance 4.1 Interpretation and the Objective Test 4.2 The Offer and Acceptance Model 4.3 The Rules of Offer and Acceptance 4.4 The Nature of an Offer, as Distinct from a Preliminary Proposal 4.5 The Expiry of the Offer by Passage of Time 4.6 Termination of the Offer Before Its Expiry by Lapse of Time 4.7 The Nature and Effect of Acceptance 4.8 Qualified or Equivocal Acceptance 4.9 The Mode of Acceptance 4.10 Silence, Inaction, or Ambiguous Action as Acceptance 4.11 When Does Acceptance Take Effect? 4.12 Acceptance by Promise or Performance: Bilateral and Unilateral Contracts 5: Options and Firm Offers 5.1 Introductory Note on the Application of the Doctrines of Consideration and Promissory Estoppel 5.2 The Validity of Options at Common Law and Consideration Doctrine 5.3 Reliance of an Option Without Consideration: The Application of Promissory Estoppel to Promises of Irrevocability 5.4 The Effect of an Option 5.5 Firm Offers Under UCC 2.205 6: Offer and Acceptance Under the UCC, and the 'Battle of the Forms' 6.1 General Principles of Offer and Acceptance in the UCC 6.2 The Scope and Purpose of UCC 2.207 6.3 The Problem Tackled by 2.207: The Common Law 'Mirror Image' and 'Last Shot' Rules 6.4 'Expression of Acceptance' and 'Confirmation,' the Two Distinct Situations Covered by 2.207 6.5 Offer and Acceptance Under 2.207 6.6 Written Confirmation Following an Oral or Informal Contract 7: Consideration 7.1 Consideration as the Basis of Contract Obligation 7.2 The Essence and Scope of Consideration 7.3 The Elements of Consideration: Detriment, Benefit, and Bargained-for Exchange 7.4 The Purpose and Function of Consideration Doctrine 7.5 Detriment and 'Pre-Existing Duty' 7.6 The Measurement of Detriment: Adequacy of Consideration 7.7 Past Performance 7.8 False or Nominal Consideration 7.9 The Quality of a Promise as Consideration: 'Mutuality of Obligation,' Illusory, Conditional, and Alternative Promises 8: Promissory Estoppel as the Basis for Enforcing Promises 8.1 Introduction 8.2 The Ancillary and Independent Basis of Promissory Estoppel 8.3 The Difference in Remedial Emphasis Between Contract and Promissory Estoppel 8.4 An Introduction to Equitable Estoppel and Its Link to Promissory Estoppel 8.5 The Range of Promissory Estoppel: Gifts and Commercial Transactions 8.6 The Elements of Promissory Estoppel 8.7 The Remedy When Promissory Estoppel Is Applied 9: Restitution: Unjust Enrichment and ' Moral Obligation' 9.1 Introduction 9.2 Unjust Enrichment, the Basis for Restitution 9.3 The Relationship Between Unjust Enrichment and Contract 9.4 The Meaning of 'Qu

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