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Books : Nonfiction : Law : One-L : Contracts
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A perfect fit for the upper-level legal drafting course, Drafting Contracts: How and Why Lawyers Do What They Do teaches the key practices of contract drafting, with particular emphasis on how to incorporate the business deal into the contract and add value to the client¿s deal. By providing many solid examples of quality writing, the book helps students to master the basics and to incorporate similar techniques into their own drafting. This text is also appropriate for use in transactional simulation courses, transactional clinics, advanced writing courses, first-year writing courses, first year-contracts courses, and interviewing, negotiating, and counseling courses.Many great features ensure the value and reliability of this text:
- PART I: introduces the building blocks of contracts and teaches the analytic skill of ¿translating the business deal into contract concepts¿ so that students learn how and why a drafter chooses a specific contract concept
- PART II: sets out the framework of an agreement and works through it from the preamble to the signature lines, discussing the business, legal, and drafting issues that occur in each part of a contract
- PART III: turns to drafting rules for good writing and to techniques for enhancing clarity and avoiding ambiguity
- PART IV: details how to look at the contract from the client¿s perspective¿what does the client want to achieve and what risks does it want to avoid¿in order to find and resolve business issues
- PART V: shows students how to integrate everything they have learned: how to organize a contract, how to use precedents, and how to review and comment on a contract
- PART VI: addresses ethical issues that arise in drafting
- PART VII: provides additional exercises
- presents a five-prong framework for considering business issues that appear in almost every transaction: money, risk, control, standards, and endgame (Chapter 17, ¿Adding Value to the Deal¿)
- includes plentiful examples of well-drafted provisions, many based on commercial agreements
- provides exercises for use in or out of class, individually or collaboratively, including contract mark-ups, new drafting, and both combined into a single exercise
- integrates a single fact pattern throughout many exercises in the book¿the purchase of a jet by a ne¿er-do-well with significant financial problems¿and varying fact patterns relating to employment relationships and to assignment and delegation provisions.
- accompanied by a Teacher¿s Manual that includes notes explaining the answers to each exercise and answers to questions that students commonly ask.
- also accompanied by a website that provides all mark-up exercises that can be projected and walked through during class, a template for formatting, and multiple versions of one of the culminating exercises so that professors can use the version best suited to their classes
An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/stark
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The second edition of Charles Fox s bestselling paperback guide, Working with Contracts: What Law School Doesn t Teach You, updates the original edition published in 2002. The perfect resource for new associates, law school students, business people, or anyone who frequently deals with complex contracts, the Second Edition expands existing material on contract covenants and remedies for breach of a covenant; due diligence conditions; organization of the agreement; credit-related provisions; acquisition-related provisions; the integration clause; and indemnification. Other miscellaneous revisions are found in every chapter of the Second Edition. In addition, the glossary and the index have been thoroughly revised. In its updated form, Working with Contracts remains the most useful and practical guide for anyone dealing with sophisticated agreements.
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When time is of the essence, make CrunchTime your exam study partner. Whether you're preparing for a multiple-choice, short-answer, or essay exam, CrunchTime can improve your grade with a complete set of exam preparation tools that include capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample multiple-choice questions with answers, and short-answer practice questions with answers.Visual learners will enrich their law school experience early in the semester by using the application flow charts in CrunchTime to visually illuminate points of law.
Each CrunchTime title includes:
- A capsule summary that explains clearly the major topics and issues covered in the course.
- Flow charts that illustrate principles and concepts.
- Multiple-choice questions with answers that build exam-taking skills and confidence.
- Essay questions with model answers that include valuable tips for crafting a successful exam essay.
- Practice questions and answers modeled on the short-answer exam format.
- Exam tips that teach you how to avoid common traps and pitfalls.
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A thorough overview of Contracts, the fifth edition of this popular Examples & Explanations for Brian Blum's extraordinarily lucid explanations of complex concepts. The Fifth Edition of Examples & Explanations: Contracts, builds on the framework established in earlier editions by providing an accessible, comprehensive treatment of the first-year contracts syllabus, written especially for students and designed to provide them with information, examples, and analysis of appropriate complexity and detail. In the fifth edition, the coverage of contracting through standard forms and electronic means is expanded, and new notes offer an international perspective on contract law.Thoroughly updated in its Fifth Edition, Examples & Explanations: Contracts features:
- the proven-effective Examples & Explanations format that combines explanatory text with hypothetical problems and answers
- a well-organized arrangement of topics that links the themes in each chapter so that students can see the interaction between different topics studied in the course informal and lucid text that articulates basic assumptions, explains the transactional context, and defines terminology
- sufficiently complex examples--many based on actual cases--that allow the reader to explore topics in depth
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Tracing the development of contract law in the English and American common law traditions, Contracts features authoritative discussions and notes and focuses on significant cases. The casebook also provides opportunities for teachers to put before students the ethical responsibilities of attorneys and the consequences of neglecting such responsibilities. Highlights of the seventh edition include: Revised selections with more Restatement and a special section providing leading cases Modest updating with new cases to refresh the book in response to adopters' expressed preferences More sophisticated but still accessible textual material on the economics of contract law. Revised introduction to provide for smoother transition into materials on damages.
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Examples & Explanations: Contracts, Fourth Edition is an accessible, comprehensive treatment of first-year contracts topics. This popular and well-written study aid speaks clearly and directly to students and is designed to provide them with information, examples, and analysis in appropriate complexity and detail.Important features of this highly regarded study aid include:
- the author's strong writing ability and skill in teaching first-year students to develop an understanding of difficult concepts
- clear and direct explanatory text that is specifically geared to the needs of first-year students
- diagrams that provide useful visual aids for students to help in remembering key points
- the unique, time-tested Examples & Explanations format that combines textual material with well-written and comprehensive examples, explanations, and questions to test student comprehension of the materials and provide practice in applying information to fact patterns
- comprehensive questions with a variety of issues in one fact situation, similar to those on law school or bar examinations
New to the Fourth Edition:
- updated discussion of UCC Articles 1 and 2, including both the current and revised versions of the Articles and an explanation of the changes
- new cases and developments
- new and revised examples and explanations based on new cases and cha
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Written by a practicing corporate lawyer and authority on legal drafting, this new Second Edition will completely update its first edition published in 2004. The focus of this manual is not what provisions to include in a given contract, but instead how to express those provisions in prose that is free of the problems that often afflict contracts. This manual highlights common sources of inefficiency, dispute, and misunderstanding and recommends how to avoid them. It offers a level of practical detail not found elsewhere in the literature on drafting.
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Gilbert Law Summaries are America’s best selling outlines and have set the standard for excellence since they were introduced more than thirty-five years ago. It’s Gilbert’s unique combination of features that makes it the one study aid you’ll turn to for all of your study needs! Walk into class prepared with a comprehensive outline of the law, a concise capsule summary perfect for a quick review before class, charts of every kind, a text correlation chart so that you can match your specific reading assignment to the relevant pages in the Gilbert outline, and an index and table of cases. Ace your final exams with a step-by-step approach to attack your exam, exam tips, and sample multiple choice, true-false, and essay questions.
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CrunchTime provides a comprehensive topic breakdown and critical information review all in one tool. The application flow charts can be used all semester long, but the capsule summaries are ideal for exam preparation. Each title offers capsule summaries of major points of law and critical issues, exam tips for identifying common traps and pitfalls, sample exam and essay questions with model answers, and recommended approaches for crafting essays that will get winning grades!CrunchTime Series Features:
- Capsule summary of subject matter
- Condensed format
- Flow charts illustrate major concepts
- Multiple-choice questions with answers
- Essay questions with model answers
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This best-selling supplement contains materials that can be used with any contracts casebook. This edition has received a significant makeover while retaining the basic, popular features. Most notably, it now includes short annotations that introduce each selection. These annotations put each selection in context by explaining its origins, central purpose(s), scope of application, and current legal status. Students will better understand the selection's point, purpose, and content; and teachers will have less need to explain an assigned selection's context. In addition, the authors have thoroughly updated the content. It includes excerpts from the brand new Restatement (Third) of Restitution and Unjust Enrichment, reference to the 2010 amendments to relevant parts of UCC, Article 9, and the 2010 amended version of the Bankruptcy Act, 24 (on subsequent promises to pay debts discharged in bankruptcy). The Tables of Comparisons, which identify counterpart provisions of the UCC, CISG, UNIDROIT Principles, and Restatement (Second) of Contracts, has been updated by replacing citations to the prior version of UCC, Article 1 with citations to the revised version; forty states now have enacted the latter. The new annotations, conjoined with its inclusiveness, currency, and convenience, provide a significant comparative advantage over competing volumes and materials.
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The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.Emanuel Law Outline Features:
- #1 outline choice among law students
- Comprehensive review of all major topics
- Capsule summary of all topics
- Cross-reference table of cases
- Time-saving format
- Great for exam prep
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This is a practical and accessible reference book and training manual on IT contracts. It's a clause-by-clause "how to" guide on software licenses and technology services agreements, covering the issues at stake and offering negotiation tips and sample contract language.
This handbook is for both lawyers and businesspeople, including contract managers, procurement officers, corporate counsel, salespeople, and anyone else responsible for getting IT deals done. Perhaps most important, this book uses simple English, like a good contract.
Topics covered include:- Software as a service (SaaS) and cloud computing agreements
- Warranties
- Indemnities
- Open source software
- Service level agreements
- Nondisclosure agreements
- Limitations of liability
- Internet and e-commerce contracts
- Software escrow
- Data security
- Copyright licensing
- And much more
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Providing students with a method to apply economic analysis to the study of legal rules and institutions, this work uses recent advances in microeconomics to develop economic theories in four cores areas of the law - property, contracts, torts and crime. The book features a discussion of the use of game theory to understand the law. It also includes empirical literature on such topics as product liability, medical malpractice and crime and punishment.
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An Introduction to the Law of Contracts is now out in it's fourth edition. It is still carefully organized around a comprehensive road map that takes the student through the 6 steps of contract law, but the new edition includes added benefits. There are updated cases and examples, and each chapter ends with review questions to help reinforce the theories addressed in each chapter. The chapters also end with a checklist that helps to highlight the key concepts for the paralegal student. The first of 6 steps investigates what body of law applies to the transaction. The next step addresses the formation of a contract, offer and acceptance. Step 3 develops limitations on the party's freedom to contract, and concepts such as infancy, illegality, duress, and unconscionability are explored. The next step looks at the plaintiff's allegation of the defendant's breach. Step 5 organizes the defendant's responses to the plaintiff's allegation of breach, categorizing it into one of two basic types that is then further explored. The final step develops the plaintiff's remedies for the defendant's breach of contract. With this step both the Common Law and UCC Article 2 remedies are explored. The text also makes reference to international arbitration based on the fact that over 90% of international contract disputes are resolved through international arbitration rather than litigation. Paralegal student
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ISBN-10: 0735587264 ISBN-13: 978-0735587267
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Business and Legal Forms for Photographers, 4th Edition contains 34 forms for photographers, each accompanied by step-by-step instructions, advice on standard contractual provisions, and unique negotiation checklists to guide professionals to the best deal. Included are contracts for wedding, portrait, and assignment photography; publishing, collaboration, and licensing contracts; property and model releases; assignment estimate/confirmation/invoice; delivery memo; stock photography invoice; stock agency agreement; permission form; copyright registration and transfer forms; nondisclosure agreement; license of rights; license of electronic rights; trademark application; employment application and agreement; and more. Included is a CD-ROM containing electronic versions of each form. New to this edition are forms for leases, subleases, and lease assignments, plus an update to cover changes in copyright registration.
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Suitable for use in combination with any law school contract text or casebook, the 2011 Edition of Selections for Contracts: Statutes, Restatement Second, Forms compiles the major statutes, forms, and other materials affecting contract law. The supplement provides Uniform Commercial Code Articles 1 and 2; the Uniform Electronic Transactions Act; the Electronic Signatures in Global and National Commerce Act; Restatement of the Law, Second, of Contracts; the United Nations Convention on Contracts for the International Sale of Goods; the UNIDROIT Principles of International Commercial Contracts; and the actual contracts in several leading cases. The 2011 edition of Selections has been updated to reflect several important developments. These include the removal of the 2003 proposed amendments to UCC Article 2, now withdrawn by the American Law Institute and the Uniform Law Commission, and the addition of the new, expanded UNIDROIT Principles of International Commercial Contracts, as well as the most current enactments of the 2001 revision of UCC Article 1. The 2011 Selections now also includes the Entire blackletter text of the Restatement Second of Contracts. The 2011 Selections is therefore leaner, meaner, and easier for students to use.
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The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks.
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Many books have been written on negotiation tactics and a few books have been written on contract drafting, but no book has combined the two disciplines into one-until now. Resulting from over 10 years of actual negotiation experience as both buyer and seller, author Stephen Guth offers insight into a world of negotiations and contracts that few ever see. This book isn't a feel-good book on win-win negotiations. It's an insider's view into real life negotiation tactics and ploys. Readers will learn how to use negotiation tactics such as the Columbo, the Price Slice and Dice, and the Signature Limit Lasso. Readers will also learn how to spot and counter vendor ploys such as the Pop-Tart, Mirroring, and the Only Game in Town. To put it all together, readers are instructed on contract drafting tricks such as Expressly Implied Warranties, the Endless Indemnification, and the Unlimited Limitation of Liability. Readers will never look at contracts the same way again.
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The sixth edition of Concepts and Case Analysis in the Law of Contracts is a readable primer that offers first-year law students a reliable overview of the major themes and leading cases in the field of the law of contracts. This contracts primer is straightforward and uncluttered, covering the main themes of the first-year contracts course, together with related cases.