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This accessible and innovative textbook adopts a practical,
transactions-centered approach to contract law by using contract
clauses to explain doctrinal concepts. While reading this book,
students will gain a working knowledge of important contract
provisions and learn how to use contracts to prevent problems,
reduce risks, and add value to transactions. This textbook contains
unique features including reflection prompts, case highlights, and
''applying what you learned'' exercises to reinforce learning and
help students gain essential transactional skills. Law professor
and contracts expert Nancy Kim focuses on litigation prevention
with a problem-solving approach. She offers helpful tips to avoid
potential pitfalls in drafting contracts and provides explanations
for common contract clauses and their meanings. Access to a digital
teacher's manual is available upon purchase of the book. The
Fundamentals of Contract Law and Clauses will be an invaluable
resource for both law and business students, specifically in
contracts, commercial law, business law and other
transactions-oriented classes. Contents: PART I INTRODUCTION PART
II A ROADMAP TO A CONTRACT 1. The Purpose of a Contract and
Contract Clauses 2. The Anatomy of a Contract 3. A Very Brief
Overview of Contract Law PART III CONTRACT CLAUSES AND CONTRACT
DOCTRINE 4. Common Contract Clauses Involving Contract Formation 5.
Contract Clauses and Contract Enforceability 6. Contract Clauses
and Issues Related to Performance and Breach 7. Contract Clauses
and Parties Other Than the Original Parties to the Contract 8.
Contract Clauses Addressing Remedies Index
This accessible and innovative textbook adopts a practical,
transactions-centered approach to contract law by using contract
clauses to explain doctrinal concepts. While reading this book,
students will gain a working knowledge of important contract
provisions and learn how to use contracts to prevent problems,
reduce risks, and add value to transactions. This textbook contains
unique features including reflection prompts, case highlights, and
''applying what you learned'' exercises to reinforce learning and
help students gain essential transactional skills. Law professor
and contracts expert Nancy Kim focuses on litigation prevention
with a problem-solving approach. She offers helpful tips to avoid
potential pitfalls in drafting contracts and provides explanations
for common contract clauses and their meanings. Access to a digital
teacher's manual is available upon purchase of the book. The
Fundamentals of Contract Law and Clauses will be an invaluable
resource for both law and business students, specifically in
contracts, commercial law, business law and other
transactions-oriented classes. Contents: PART I INTRODUCTION PART
II A ROADMAP TO A CONTRACT 1. The Purpose of a Contract and
Contract Clauses 2. The Anatomy of a Contract 3. A Very Brief
Overview of Contract Law PART III CONTRACT CLAUSES AND CONTRACT
DOCTRINE 4. Common Contract Clauses Involving Contract Formation 5.
Contract Clauses and Contract Enforceability 6. Contract Clauses
and Issues Related to Performance and Breach 7. Contract Clauses
and Parties Other Than the Original Parties to the Contract 8.
Contract Clauses Addressing Remedies Index
Why do we believe in the views of a political party or leader? How
can we better understand vaccine hesitancy or denial of climate
change science? What drives extremist or conspiracist beliefs? This
vital and timely new text provides a compelling survey of the
science behind how people form beliefs and evaluate those of
others, and why it is that beliefs are often so resistant to change
in the face of conflicting evidence. Bringing together theories and
empirical evidence from cognitive, developmental, and social
psychology, Nancy S. Kim presents an engaging overview of the field
and its implications for a wide range of beliefs - from moral,
political, religious, and superstitious beliefs to beliefs about
ourselves and our own potential. The intriguing studies discussed
demonstrate how many psychological factors contribute to belief,
including memory, reasoning, judgment, emotion, personality, social
cognition, and cognitive development. With thoughtful questions and
a range of cross-cultural case studies, this is an ideal overview
for students of psychology and all readers interested in the
psychology of belief.
How do we make the judgments that inform our lives? Is there any
way of consciously removing bias from the choices we make? What do
our everyday personal decisions have in common with those made by
groups, companies, and even nations? In this engaging and
innovative textbook, Nancy Kim presents a multidisciplinary
introduction to the dynamic field of judgment and decision-making.
This lucidly written text delivers insights from cognitive
psychology, aptly combining with interdependent findings from
fields as diverse as neuropsychology, behavioural economics,
social, developmental and clinical psychology, and philosophy.
Offering not only a comprehensive explanation of the neurological
structures and cognitive processes that underlie how we make
decisions and form judgments in our everyday lives, readers can
expect to learn the implications of these decisions upon an
individual's prospects for health and longevity. Understanding
behaviour is a central aspect of inquiry in the psychology
discipline and as such this book is an essential companion for
students taking undergraduate psychology, cognitive psychology and
cognitive neuroscience courses; particularly those which include a
module in judgment and decision-making. This text may also be
helpful for undergraduate and postgraduate business courses on the
subject. Accompanying online resources for this title can be found
at bloomsburyonlineresources.com/judgment-and-decision-making.
These resources are designed to support teaching and learning when
using this textbook and are available at no extra cost.
Why do we believe in the views of a political party or leader? How
can we better understand vaccine hesitancy or denial of climate
change science? What drives extremist or conspiracist beliefs? This
vital and timely new text provides a compelling survey of the
science behind how people form beliefs and evaluate those of
others, and why it is that beliefs are often so resistant to change
in the face of conflicting evidence. Bringing together theories and
empirical evidence from cognitive, developmental, and social
psychology, Nancy S. Kim presents an engaging overview of the field
and its implications for a wide range of beliefs - from moral,
political, religious, and superstitious beliefs to beliefs about
ourselves and our own potential. The intriguing studies discussed
demonstrate how many psychological factors contribute to belief,
including memory, reasoning, judgment, emotion, personality, social
cognition, and cognitive development. With thoughtful questions and
a range of cross-cultural case studies, this is an ideal overview
for students of psychology and all readers interested in the
psychology of belief.
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.
When you visit a website, check your email, or download music, you
enter into a contract that you probably don't know exists. "Wrap
contracts" - shrinkwrap, clickwrap and browsewrap agreements - are
non-traditional contracts that look nothing like legal documents.
Contrary to what courts have held, they are not "just like" other
standard form contracts, and consumers do not perceive them the
same way. Wrap contract terms are more aggressive and permit
dubious business practices, such as the collection of personal
information and the appropriation of user-created content. In
digital form, wrap contracts are weightless and cheap to reproduce.
Given their low cost and flexible form, businesses engage in
"contracting mania" where they use wrap contracts excessively and
in a wide variety of contexts. Courts impose a duty to read upon
consumers but don't impose a duty upon businesses to make contracts
easy to read. The result is that consumers are subjected to onerous
legalese for nearly every online interaction.
In Wrap Contracts: Foundations and Ramifications, Nancy Kim
explains why wrap contracts were created, how they have developed,
and what this means for society. She explains how businesses and
existing law unfairly burden users and create a coercive
contracting environment that forces users to "accept" in order to
participate in modern life. Kim's central thesis is that how a
contract is presented affects and reveals the intent of the
parties. She proposes doctrinal solutions - such as the duty to
draft reasonably, specific assent, and a reconceptualization of
unconscionability - which fairly balance the burden of wrap
contracts between businesses and consumers.
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