Negotiating and Drafting Contract Boilerplate

Negotiating and Drafting Contract Boilerplate

Author: Tina L. Stark

Publisher: ALM Publishing

Published: 2003

Total Pages: 712

ISBN-13: 9781588521057

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This resource serves to educate lawyers and business professionals on how to draft the many types of "boilerplate" provisions, a legal term that refers to the standardized, one-size-fits-all provisions of a contract. Each chapter tackles one of 20 provisions and analyzes why it is important, the key legal and business issues raised, and how to draft the provision to suit a particular transaction. Such analysis not only helps readers better understand how to draft these provisions in their contracts, but also helps them better understand the other party's process.


Contracts

Contracts

Author: Randy E. Barnett

Publisher: Aspen Publishing

Published: 2021-01-31

Total Pages: 1549

ISBN-13: 1543826288

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Contracts: Cases and Doctrine features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provide additional context. The Seventh Edition has been edited to delete materials that are seldom covered in a 1L class. This edition adds new cases that have been chosen for their topicality, facts, or pedagogical usefulness. New areas covered include so-called “smart contracts” and the relationship between restitution and contract. As always, we have tried to focus on cases with facts that will be easier to teach. New cases in this edition include a contract with a spy that turns out to be a double agent for the KGB, the effect of pandemics on contractual obligations, the gambling shenanigans of a royal prince, and emotional support animals. New to the Seventh Edition: In order to keep the size of the book manageable, we have eliminated the section on the signature requirement under the statute of frauds and have slimmed down the materials on internet contracting, which is no longer the “cutting edge” area that once it was. New cases include: Attorney General v. Blake (restitution damages for breach of contract against a British spy who defected to the USSR) Snepp v. United States (squib) (constructive trust against an American spy for breach of contract) Al-Ibrahim v. Edde (denied an unjust enrichment remedy to unwind a contact declared unenforceable for illegality) Pelletier v. Johnson (claim for unjust enrichment allowed to unwind a contract declared unenforceable for illegality) Carter Baron Drilling v. Badger Oil Corp. (discussing the parole evidence rule under the UCC) C.R. Klewin Inc. v. Flagship Properties, Inc. (the exception to the 1-year requirement under the statute of frauds) Cohen v. Clark (case imposing liability on a breaching party that everyone agrees breached in “good faith”; illustrates the strictness of contractual liability) Hanford v. Connecticut Fair Ass’n, Inc. (public policy exception for public health in time of a pandemic) B2C2 Ltd v. Quoine Ltd Pte (unilateral mistake case dealing with “smart contracts”) Professors and student will benefit from: Case-based approach that gives students ample doctrinal materials to sift through for facts and analyze for prevailing rules and theory. Cases that are lightly edited, or presented as whole as possible, to give first-year students the opportunity to develop case-analysis skills. Restatement and UCC sections integrated to encourage students to consult them as they read the cases. Iconic and contemporary cases combined to show how the classic cases are still relevant. Chapters that begin with a brief, accessible textual introductions. Study Guide questions before each case help focus student attention on salient issues. Flexible organization begins with Remedies, but chapters can be taught in any order.


Cases, Problems, and Materials on Contracts

Cases, Problems, and Materials on Contracts

Author: Douglas J. Whaley

Publisher: Aspen Publishing

Published: 2018-10-01

Total Pages: 1136

ISBN-13: 1543803008

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Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Cases, Problems, and Materials on Contracts is known for pioneering the problem method of law school teaching. A staple in classrooms for decades, it stands out from other texts in the scope of its coverage and its use of short, carefully-constructed Problems to expose students to new concepts, reinforce what they have just learned, and stimulate thought. The Eighth Edition, the first since the passing of Thomas Crandall and the addition of David Horton as co-author, is more accessible than ever. It introduces complicated issues with a clear narrative summary or explicit statement of black-letter law. The cases have been tightly edited for best effect. The book can also be easily adapted to fit various pedagogical needs. Although it starts with “Agreement” and moves to “Consideration,” it is also designed for teachers who prefer to begin with “Consideration” or “Remedies.” It can be used in courses that both include and exclude sales. Finally, because it is shorter than most other texts in this field, it works in 4-unit, 5-unit, and 6-unit courses. New to the Eighth Edition: Substantial input from a new co-author means that the book contains scores of new cases, Problems, and narrative introductions to issues. Each opinion has been streamlined to enhance readability. Where possible, applicable Restatement of Contracts and Uniform Commercial Code sections have been printed in the text, saving students the cost of buying separate supplements. Professors and students will benefit from: Coverage of the basics of Contracts Law in a format that allows greater exposure to the legal concepts through the many Problems that fill each chapter alongside the most illustrative cases on point Assessment multiple-choice questions at the end of each chapter that are meatier than such questions in most books, focusing not on the “right answer” so much as on what real attorneys must consider when confronted with the issues presented The entire book’s approach not just to teach rules of law but to train students to be lawyers faced with commercial issues. For example, Problems sometimes ask students whether they would be committing malpractice if they took a certain course of conduct, an issue very much on the mind of actual attorneys but seldom mentioned in law school classrooms.


Cambridge Compendium of International Commercial and Investment Arbitration

Cambridge Compendium of International Commercial and Investment Arbitration

Author: Stefan Kröll

Publisher: Cambridge University Press

Published: 2023-03-02

Total Pages: 3006

ISBN-13: 1009302388

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The Compendium, like an encyclopedia, contains entries for most of the foundational principles and concepts underlying arbitration. Each entry takes a holistic view of international arbitration, as they tackle core concepts from both a commercial and an investment arbitration perspective, focusing on the fundamental issues underlying the various topics rather than on the solutions adopted in any particular jurisdiction, thus making the Compendium a truly cross-border, transnational resource. This innovative approach will allow readers to identify the commonalities as well as the differences between commercial and investment arbitration, whether and where cross-fertilization has taken place and what consequences it can have. This approach allows the Compendium to be a tool in promoting the creation of a culture of international arbitration that considers commercial arbitration and investment arbitration as part of a whole but with certain distinct features particular to each.