Receive complimentary lifetime digital access to the eBook with new print purchase. This expanded version of the best-selling supplement contains significantly more material from Restatement (Second) of Contracts and more extensive treatment of international contract law. The original edition, Contract Law: Selected Source Materials Annotated, 2021 Edition, will still be available this summer. These additions come alongside the material from the original edition that has made it a longstanding and valuable addition to the study of contract law: UCC Articles 1 and 2, together with excerpts from Articles 3 and 9, in all cases including recent amendments by the Uniform Laws Commission; the Restatement (Second) of Contracts; the Uniform Electronic Transactions Act, E-SIGN, and the ALI's Principles of Software Contracts; the CISG and UNIDROIT: other statutes, directives, and administrative regulations, including the Magnuson-Moss Warranty Act, selected FTC Regulations, and excerpts from the Bankruptcy Code, the Uniform Consumer Credit Code, and Regulation Z; and American Institute of Architects sample form contracts. Each major document is introduced by a short annotation that explains the origins of the document, its central purpose, and the scope of its application. This supplement is suitable for use with all contracts casebooks.

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.

New book purchase includes complimentary digital access to the eBook. This best-selling supplement contains UCC Articles 1 and 2, together with excerpts from Articles 3 and 9; extensive portions of the Restatement (Second) of Contracts; the Uniform Electronic Transactions Act, E-SIGN; the ALI's Principles of Software Contracts; the CISG and UNIDROIT: other statutes, directives, and administrative regulations, including the Magnuson-Moss Warranty Act, selected FTC Regulations, and excerpts from the Bankruptcy Code, the Uniform Consumer Credit Code, Regulation Z; the United Kingdom Consumer Rights Statute, and numerous American Institute of Architects sample form contracts. Each major document is introduced by a short annotation that explains the origins of the document, its central purpose, and the scope of its application. This supplement is suitable for use with all contracts casebooks.

New book purchase includes complimentary digital access to the eBook. This expanded version of the best-selling supplement contains significantly more material from Restatement (Second) of Contracts and more extensive treatment of international contract law. The standard edition, Contract Law: Selected Source Materials Annotated, 2023 Edition, will be available this summer. These additions come alongside the material from the standard edition that has made it a longstanding and valuable addition to the study of contract law: UCC Articles 1 and 2, together with excerpts from Articles 3 and 9; the Restatement (Second) of Contracts; the Uniform Electronic Transactions Act, E-SIGN; the ALI's Principles of Software Contracts; the CISG and UNIDROIT: other statutes, directives, and administrative regulations, including the Magnuson-Moss Warranty Act, selected FTC Regulations, and excerpts from the Bankruptcy Code, the Uniform Consumer Credit Code, Regulation Z; the United Kingdom Consumer Rights Statute, and numerous American Institute of Architects sample form contracts. Each major document is introduced by a short annotation that explains the origins of the document, its central purpose, and the scope of its application. This supplement is suitable for use with all contracts casebooks.

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.

Unclear contracts are common, and a large number of litigated cases in the U.S. require clarification of the parties' agreement. The process of clarifying an unclear contract involves three legal tasks. A judge must first identify the terms to be interpreted, then must determine whether the terms are ambiguous and encompass the rival interpretations advanced by the parties. Finally, if the terms are ambiguous, a finder of fact must resolve the ambiguity by choosing between the rival interpretations. Performing these tasks often involves the question of what evidence may be considered. Further, the courts may decide contract interpretation issues based on the agreement's literal terms, or the parties' objective or subjective intentions.
Steven J. Burton's undertaking in Elements of Contract Interpretation is a comprehensive treatment of these issues. By identifying the concrete and legally provable elements that contract interpreters may use, he has written an invaluable resource for both practitioners and scholars alike. This book also proposes an optimal law of contract interpretation for the courts' consideration.

Oliver Wendell Holmes, Jr. (1841-1935) is, arguably, the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. In it, Holmes detailed his radical break with legal formalism and created the foundation for the leading contemporary schools of American legal thought. He was the dominant source of inspiration for the school of legal realism, and his insistence on a practical approach to law and legal analysis laid the basis for the realists' later concentration upon the pragmatic and empirical aspects of law and legal procedures. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix.

This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law. He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law. The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results. Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law.

This book is concerned with the ethics of judging in courts of law. Professor Burton analyzes the grounds, content, and force of a judge's legal and moral duties to uphold the law. He defends two primary theses. The first is the good faith thesis, whereby judges are bound in law to uphold the law, even when they have discretion, by acting only on reasons warranted by the conventional law as grounds for judical decisions. The good faith thesis counters the common view that judges are not bound by the law when they exercise discretion. The second is the permissible discretion thesis, whereby, when exercised in good faith, judicial discretion is compatible with the legitimacy of adjudication in a constitutional democracy under the Rule of Law. The permissible discretion thesis counters the view that judges can fulfill their duty to uphold the law only when the law yields determinate results. Together, these two theses provide an original and powerful theory of adjudication in sharp contrast both to conservative theories that would restrict the scope of adjudication unduly, and to leftist critical theories that would liberate judges from the Rule of Law.

Oliver Wendell Holmes, Jr. (1841-1935) is, arguably the most important American jurist of the twentieth century, and his essay The Path of the Law, first published in 1898, is the seminal work in American legal theory. This volume brings together some of the most distinguished legal scholars from the United States and Canada to examine competing understandings of The Path of the Law and its implications for contemporary American jurisprudence. For the reader's convenience, the essay is republished in an Appendix. The book will be of interest to professionals and students in the philosophy, history, economics, and sociology of law.