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This classic casebook, now in its 9th Edition, offers first-year
students a solid and inviting introduction to contract law,
recognizing both the English and American common law traditions and
bringing them into our age of statutes, most particularly the
Uniform Commercial Code. Like earlier editions, the 9th Edition
features carefully-selected cases, well-tailored notes and
problems, and authoritative textual discussions of major
developments in current contract law. These include the meaning of
assent and agreement (with particular focus on the online
environment and in the context of mandatory arbitration clauses);
attention to comparative and international approaches; and
accessible discussion of theoretical underpinnings of contract
doctrine, the importance of which remain a mainstay of this new
edition. The casebook is ecumenical in its outlook, presenting a
well-balanced approach that is usable by professors with a
wide-range of theoretical outlooks and pedagogical styles. Cases
are situated within a variety of disciplines-history, economics,
philosophy, and ethics-and present the law in a variety of typical
settings-commercial, familial, employment, consumer, real estate
and so on. The 9th Edition will feel familiar yet fresh to current
users and both exciting and comfortable to newcomers. 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.
This classic casebook, now in its 9th Edition, offers first-year
students a solid and inviting introduction to contract law,
recognizing both the English and American common law traditions and
bringing them into our age of statutes, most particularly the
Uniform Commercial Code. Like earlier editions, the 9th Edition
features carefully-selected cases, well-tailored notes and
problems, and authoritative textual discussions of major
developments in current contract law. These include the meaning of
assent and agreement (with particular focus on the online
environment and in the context of mandatory arbitration clauses);
attention to comparative and international approaches; and
accessible discussion of theoretical underpinnings of contract
doctrine, the importance of which remain a mainstay of this new
edition. The casebook is ecumenical in its outlook, presenting a
well-balanced approach that is usable by professors with a
wide-range of theoretical outlooks and pedagogical styles. Cases
are situated within a variety of disciplines-history, economics,
philosophy, and ethics-and present the law in a variety of typical
settings-commercial, familial, employment, consumer, real estate
and so on. The 9th Edition will feel familiar yet fresh to current
users and both exciting and comfortable to newcomers.
In the updated, fourth edition of this classic text which has been
translated into over a dozen languages, constitutional scholar and
Columbia Law School professor E. Allan Farnsworth provides a clear
explanation of the structure and function of the U.S. legal system
in one handy reference. AnIntroduction to the Legal System of the
United States, Fourth Edition is designed to be a general
introduction to the structure and function of the legal system of
the United States, and is especially useful for those readers who
lack familiarity with fundamental establishments and practices.
This text also gives the reader a clear understanding of how to
research the law, the importance of case law versus statutes, and
the difference between private and public law. It illustrates
issues that may be confusing or troublesome and provides a solid
general overview. It includes a new introduction by Steve Sheppard.
This supplement contains the major statutes, Restatements, and
other domestic and international materials affecting contract law.
It includes the Restatement (Second) of Contracts and Uniform
Commercial Code Articles 1 and 2; excerpts from the Restatements of
Restitution, Employment Law, and Suretyship and Guaranty, as well
as the proposed Restatement of Consumer Contracts; the Uniform
Electronic Transactions Act; the Electronic Signatures in Global
and National Commerce Act; 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. New materials include excerpts
from the draft ALI-ELI Principles for a Data Economy, and the
recommendations of an ALI-ULC drafting committee adapting the
Uniform Commercial Code to emerging technology with respect to the
law governing "bundled transactions.
This book offers a framework for studying modern quality
approaches, including more expansive definitions of quality in
health care, patient safety, and the use of data-driven methods for
monitoring quality performance. The text begins with a
student-friendly introduction to fundamental concepts affecting
cost, quality, access, and equity in health care. The next chapters
cover state and federal quality-control regulation, including
professional licensure and discipline and Medicare and Medicaid
provider certification for health care organizations. In this
edition, materials on the professional-patient relationship --
including the duties of informed consent and confidentiality -- and
materials on medical malpractice have been carefully edited and
combined into a single chapter, followed by a discussion of the
liability of health care organizations. The book explores the
impact of nondiscrimination obligations as a matter of quality in
health care, and the role of ERISA preemption on liability for
quality failures. The book includes material on quality efforts
within health care organizations, including their relationship with
health care professionals through staff privileges, contracting,
and employment.
How often our actions go awry because our perceptions are at odds
with reality! This book examines the legal issues that arise when
we seek to avoid the untoward consequences of an action by claiming
that our perception was flawed. We all make mistakes. Some have
unfortunate consequences: we might overpay a debt or make an
unfavourable contract, or we might be sued or accused of a crime as
a result of our mistake.
Claims to alleviation on the grounds of mistake are likely to
arise wherever the law prescribes a state of mind (some kind of
intent) as a prerequisite for the application of a legal rule. This
book asks when the fact that a person made a mistake should entitle
them to alleviation. This may involve the intention to enter into a
contract or a payment, in which case a person could seek its
reversal, or it might involve the intent to commit a tort or crime,
in which case they could seek forgiveness for the offence.
Farnsworth defines 'alleviating' mistakes as those which entitle a
person to relief from untoward consequences of their mistake.
There is no general 'law of mistake', and despite their
similarities, few discussions of mistake in one setting pause to
consider mistakes in other contexts. The goals of fields as
disparate as contracts and criminal law are very different: how do
these differences affect the treatment of mistakes? Farnsworth sets
out a new taxonomy of mistakes. His analysis reveals that over the
past century, there has been a remarkable increase in the
receptivity of courts and scholars to claims for both reversal and
forgiveness--a waxing of alleviating mistakes.
When does the law permit you to change your mind and reverse a
decision you have made? In this masterful book, one of the foremost
authorities on American contract law considers the general
principles and legal rules that bear on this question. Drawing on
many fields-contracts, torts, property, trusts, wills, agency, and
even family law and procedure-E. Allan Farnsworth identifies and
discusses six such principles. Using real legal cases as well as an
array of nonlegal sources ranging from Rousseau and Martin Luther
to Shirley MacLaine and Willie Nelson, Farnsworth illustrates the
importance of the principles that govern the irrevocability of a
commitment (as by a promise) and the irreversibility of a
relinquishment (as by a gift) or preclusion (as by prescription).
He discusses deficiencies in the law-such as the preoccupation with
the reliance principle, the neglect of other principles, the
propensity to find promise, and the tendency toward legal
paternalism-and offers suggestions to eliminate anomalies, correct
shortcomings, and further the rationalization of the legal concepts
that pertain to regretted decisions.
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