|
Showing 1 - 10 of
10 matches in All Departments
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.
|
|