The product of a unique collaboration between academic scholars, legal practitioners, and technology experts, this Handbook is the first of its kind to analyze the ongoing evolution of smart contracts, based upon blockchain technology, from the perspective of existing legal frameworks - namely, contract law. The book's coverage ranges across many areas of smart contracts and electronic or digital platforms to illuminate the impact of new, and often disruptive, technologies on the law. With a mix of scholarly commentary and practical application, chapter authors provide expert insights on the core issues involving the use of smart contracts, concluding that smart contracts cannot supplant contract law and the courts, but leaving open the question of whether there is a need for specialized regulations to prevent abuse. This book should be read by anyone interested in the disruptive effect of new technologies on the law generally, and contract law in particular.

The principle of party autonomy in contractual choice of law is widely recognised in the law of most jurisdictions. It has been more than thirty years since party autonomy was first accepted in Chinese private international law. However, the legal rules provided in legislation and judicial interpretations concerning the application of the party autonomy principle are abstract and open-ended. Without a critical understanding of the party autonomy principle and appropriate interpretations of the relevant legal rules, judges have not exercised their discretionary power appropriately. The party autonomy principle has been applied in a way that undermines its very purpose, that is, to protect the legitimate expectations of the parties and promote the predictability of outcomes in transnational commercial litigation. Jieying Liang addresses the question of how, when, and with what limitations, parties' choice of law clauses in an international commercial contract should be enforced by Chinese courts.

The Tenth Edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical and modern contract law and the role of the limits of cognition in contract law. The new edition includes a great number of new principal cases and case notes, including new materials on consideration, duress, remedies, interpretation, indefiniteness, the statute of frauds, electronic contracting, "browse wrap agreements," and unilateral mistake.

Though indeterminacy in legal texts is pervasive, there is a widespread misunderstanding about what indeterminacy is, particularly as it pertains to law. Legal texts present unique challenges insofar as they address a heterogeneous audience, are applied in a variety of unforeseeable circumstances and must, at the same time, lay down clear and unambiguous standards. Sometimes they fail to do so, however, either by accident or by intention. While many have claimed that indeterminacy facilitates flexibility and can be strategically used, few have recognized that there are more forms of indeterminacy than vagueness and ambiguity. A comprehensive account of legal indeterminacy is thus called for. David Lanius here answers that call and in so doing, addresses three central questions about the role of indeterminacy in the law. First, what are the sources of indeterminacy in law? Second, what effects do the different forms of indeterminacy have? Third, how can and should these forms be intentionally used? Based on a thorough examination of the advantages and disadvantages of the different forms of indeterminacy in the wording of laws, contracts, and verdicts, Lanius argues for the claim that semantic vagueness is less relevant than commonly supposed in the debate, while other forms of indeterminacy (in particular, polysemy and standard-relativity) are mistakenly underrated or even ignored. This misconception is due to a systematic confusion between semantic vagueness and these other forms of indeterminacy. Once it is resolved, the value and functions of linguistic indeterminacy in the law can be clearly shown.

With the appearance of the Eleventh Edition, this book is now well into its sixth decade. Throughout its long history, this casebook has relied on classic cases to capture the fundamental principles of contract law. This new edition preserves and builds upon the book's distinctive character, especially its use of canonical cases and its sensitivity to the history. The newly added cases show how the basic principles of contract law continue to evolve, even in such well-explored areas as promissory estoppel and restitution. As before, this edition eschews any distinctive take on the law of contracts and thus allows each teacher using the book a broad range of choice on what to bring in to channel or expand classroom discussion. The most visible alteration in this edition is a new focus on the bargaining environment in which contracts are formed and how legal rules shape it. A significant amount of new material has been added, but the length of the book remains about the same. CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

With the appearance of the Eleventh Edition, this book is now well into its sixth decade. Throughout its long history, this casebook has relied on classic cases to capture the fundamental principles of contract law. This new edition preserves and builds upon the book's distinctive character, especially its use of canonical cases and its sensitivity to the history. The newly added cases show how the basic principles of contract law continue to evolve, even in such well-explored areas as promissory estoppel and restitution. As before, this edition eschews any distinctive take on the law of contracts and thus allows each teacher using the book a broad range of choice on what to bring in to channel or expand classroom discussion. The most visible alteration in this edition is a new focus on the bargaining environment in which contracts are formed and how legal rules shape it. A significant amount of new material has been added, but the length of the book remains about the same.

This text uses a combination of problem and case method. This method gives students additional opportunities to exercise analytic thinking and to explore a rich array of practical applications of the cases. When used in conjunction with the Contracts Hornbook (Perillo, Contracts), students have the benefit of a systematic exposition of contract law to bring to bear in analyzing the cases and problems. UCC Articles 1 and 2 are included as Appendices. This new edition aims to increase accessibility and improve learning by selective reorganization, by the use of graphics to highlight basic definitions and principles, and by providing additional sample examination questions so students can gauge their mastery of the subject. New materials (cases, problems, and other readings) address important recent developments, e.g., on-line contracting and non-compete agreements.

Problems regarding the nature of consent are at the heart of many of today's most pressing issues. For example, the #MeToo movement has underscored the need to move beyond viewing consent as a simple matter of yes or no. Consent is complex because humans and their relationships are complicated. Humans, as a result of cognitive limitations and emotional and physical vulnerabilities, are susceptible to manipulation and mistakes. Given the potential for regret, are there some things to which one should not be permitted to consent? The consentability quandary becomes more urgent with technological advances. Should we allow body hacking? Cryonics? Consumer travel to Mars? Assisted suicide? In Consentability: Consent and Its Limits, Nancy S. Kim proposes a bold, original framework for evaluating consentability, which considers the complexities surrounding consent.

This third edition of the only work to focus on damages under the CISG maintains its purpose as the primary reference source for this topic. Addressing global judicial and arbitral decisions, the book demonstrates the differences between uniform international instruments and domestic laws, and comparatively analyses the calculation of damages under civil and common law systems under the United Convention on Contracts for the International Sale of Goods (CISG). A new chapter on penalty clauses examines the impact of recent cases in England (Cavendish Square Holding BV V Makdesi) and Australia (Paccioco v Australia and New Zealand Banking Group Ltd) concerning the interpretation of penalty clauses and their relationship with the CISG. Further new material includes: an expanded discussion of the question of good faith; new approaches relating to attorneys' fees; consideration of states that have recently ratified the CISG; and an examination of the developments in the EU in relation to the attempt to introduce a new harmonised contract law.

Contractual Knowledge: One Hundred Years of Legal Experimentation in Global Markets, edited by Gregoire Mallard and Jerome Sgard, extends the scholarship of law and globalization in two important directions. First, it provides a unique genealogy of global economic governance by explaining the transition from English law to one where global exchanges are primarily governed by international, multilateral, and finally, transnational legal orders. Second, rather than focusing on macro-political organizations, like the League of Nations or the International Monetary Fund, the book examines elements of contracts, including how and by whom they were designed and exactly who (experts, courts, arbitrators, or international organizations) interpreted, upheld, and established the legal validity of these contracts. By exploring such micro-level aspects of market exchanges, this collection unveils the contractual knowledge that led to the globalization of markets over the last century.

This book is the product of a unique collaboration between mainland Chinese scholars and scholars from the civil, common, and mixed jurisdiction legal traditions. It begins by placing the current Chinese contract law (CCL) in the context of an evolutionary process accelerated during China's transition to a market economy. It is structured around the core areas of contract law, anticipatory repudiation (common law) and defense of security (German law); and remedies and damages, with a focus on the availability of specific performance in Chinese law. The book also offers a useful comparison between the CCL and the UNIDROIT Principles of International Commercial Contracts, as well as the Convention on Contracts for the International Sale of Goods. The analysis in the book is undertaken at two levels - practical application of the CCL and scholarly commentary.

Quick Review of Contracts is a short, clear, concise, and substantive outline. It is designed to make the study of law clear and convenient, and it is designed to help students prepare for their law school exams. The main body is an outline of the substantive content that a student needs to prepare for a law school exam. The concise format provides a "Big Picture" overview allowing students to review the subject quickly prior to final exams. This edition is cross-referenced with the author's new Sum and Substance Audio on Contracts.

The Concise Edition is a stream-lined version for a four unit course. It omits note materials and cases and a few principal cases. The Tenth Edition continues the approach of earlier editions in emphasizing rich, full-bodied versions of the principal cases, a functionalist approach to the problems of contract law, and analytical notes on such issues as the differences between classical and modern contract law and the role of the limits of cognition in contract law. The new edition includes a great number of new principal cases, including new materials on consideration, duress, remedies, interpretation, indefiniteness, the statute of frauds, electronic contracting, "browse wrap agreements," and unilateral mistake.

In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.

If a broker-dealer liquidates in federal bankruptcy court, why does an insurance company liquidate in state court, and a bank outside of court altogether? Why do some businesses re-organize under state law 'assignments', rather than the more well-known Chapter 11 of the Bankruptcy Code? Why do some laws use the language of bankruptcy but without advancing policy goals of the Bankruptcy Code? In this illuminating work, Stephen J. Lubben tackles these questions and many others related to the collective law of business insolvency in the United States. In the first book of its kind, Lubben notes the broad similarities between the many insolvency systems in the United States while describing the fundamental differences lurking therein. By considering the whole sweep of these laws - running the gamut from Chapter 11 to obscure receivership provisions of the National Bank Act - readers will acquire a fundamental understanding of the 'law of failure'.

Contracts: Law, Theory, and Practice has two principal ambitions: first, to present the basic doctrine of contracts in a comprehensive and coherent fashion; and second, to encourage a rigorous and interdisciplinary approach to thinking about the values and principles that inspire the law. The book provides a systematic survey of contract law while weaving in perspectives from economics, philosophy, sociology, and legal theory, to show how these disciplines can be used to both illuminate and criticize the law as it stands. The book's treatments of "law and" ideas are designed to be free-standing, making the book an excellent introduction to interdisciplinary legal thought for students without prior training in other fields.

This compact casebook is designed for one-semester contracts classes. It helps students synthesize groups of related cases by focusing attention on the principles, policies, and rules of contract law. It employs many transitions and notes written for the students, rather than excerpting works written for professors or practitioners. Questions are limited to central issues to avoid overwhelming and losing the students. Christopher R. Drahozal, an internationally-recognized expert on arbitration law, joins Steve Burton as co-author of "Principles of Contract Law." In addition to his insights from over 20 years of teaching Contracts, Professor Drahozal has added references to recent empirical research to help students think critically about the cases and rules, and to understand real-world contracting practices. This revision is a thorough makeover that brings everything up to date, and includes a variety of recent cases, dealing with issues such as electronic communications and Internet contracting, while retaining the brevity and "principles approach" of earlier editions.

About 25% shorter than the previous edition, the third edition of this casebook contains both traditional edited case opinions and numerous brief example cases so students can learn from reviewing multiple applications of the legal rules. Well placed text boxes provide "reading critically" questions preceding cases and supplemental information and additional questions at crucial junctures. Tables and flowcharts demonstrate connections among concepts and give visual learning cues. With the guidance provided, students are able to prepare more effectively for class, so they start class at a more sophisticated level and proceed more easily to deeper analysis. The book also includes frequent problem sets, both essay and multiple-choice, to test and expand students' understanding. The accompanying electronic version links directly to cited sources and to related multiple-choice problems. In addition to classic contract cases the book includes new cases chosen because of their teachability and because they address current issues and modern business practices. "Practice Pointers" provide a transactional focus by exploring practical implications of legal doctrine. The book no longer contains the text of Restatement and UCC provisions, so it should be accompanied by a statutory supplement.

The second edition of this highly recommended work addresses the interaction between conflict of laws, dispute resolution, electronic commerce and consumer contracts. In addition it identifies specific difficulties that conflicts lawyers and consumer lawyers encounter in electronic commerce and proposes original approaches to balance the conflict of interest between consumers' access to justice and business efficiency. The European Union has played a leading role in this area of law and its initiatives are fully explored. It pays particular attention to the most recent development in collective redress and alternative/online dispute resolution. By adopting multiple research methods, including a comparative study of the EU and US approach; historical analysis of protective conflict of laws; doctrinal analysis of legal provisions and economic analysis of law, it provides the most comprehensive examination of frameworks in cross-border consumer contracts.