Contract Law For Dummies

Take the mumbo jumbo out of contract law and ace your contracts course
Confused by contract law? This hands–on guide gives you plain–English explanations of terminology and language used in contracts, showing you how to read and analyze cases and statutes with ease. You′ll quickly and painlessly get up to speed on contract formation; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; the parol evidence rule; and more.
Defense! Defense! — get the 4–1–1 on contract formation and the different contract defenses, including whether a party did anything illegal or unfair, whether the parties had the ability to make a contract, and the factors that determine whether an oral agreement is enforceable
Make sense of the madness — grasp the strategies the courts use to fill the gaps in a contract and interpret what the language really means
To perform or to breach — find out how one party may breach a contract even before performance is due by anticipatory repudiation
There′s a remedy for that — understand the various methods available to the courts to remedy a breach in a way that′s fair for both parties
Bring a third party into the picture — discover how to recognize the rights and duties of third parties and decide under what circumstances third parties are allowed to enforce contracts
Open the book and find:
Coverage of common law contracts and the Uniform Commercial Code (UCC)
How a contract is formed through mutual assent
Ways to determine whether a party has performed as promised
How to determine whether a contract is void, voidable, or unenforceable
Advice on figuring out remedies for breach
Tips for interpreting contracts
Questions to ask when analyzing contract problems
Examples drawn from real–life cases
Learn to:
Identify the essential elements of contract formation
Recognize common contract defenses
Apply the rules that govern contract performance in different situations
Draft contracts that more effectively protect the parties′ interests

Spis treści:
Introduction 1
Part I: Introducing Contract Law and Contract Formation 7
Chapter 1: Getting the Lowdown on Contract Law 9
Chapter 2: Let′s Make a Deal: Offer and Acceptance 23
Chapter 3: Sealing the Deal: The Doctrine of Consideration 45
Chapter 4: Noting Exceptions: Promises Enforceable without a Contract 63
Part II: Determining Whether a Contract Is Void, Voidable, or Unenforceable 77
Chapter 5: Introducing Contract Defenses 79
Chapter 6: Considering Whether an Agreement Is Unenforceable Due to Illegality or Unfairness 89
Chapter 7: Evaluating the Parties′ Ability to Make the Contract 105
Chapter 8: Assessing the Enforceability of Oral Agreements 119
Part III: Analyzing Contract Terms and Their Meaning 135
Chapter 9: Evaluating Unwritten Terms with the Parol Evidence Rule 137
Chapter 10: Finding Unwritten Terms That Complete the Contract 151
Chapter 11: Interpreting Contracts 169
Part IV: Performing the Contract or Breaching It 183
Chapter 12: Evaluating Whether Contract Modifi cations Are Enforceable 185
Chapter 13: Deciding Whether Unforeseen Events Excuse Performance 201
Chapter 14: Checking for Conditional Language 213
Chapter 15: Breaching the Contract by Anticipatory Repudiation 235
Part V: Exploring Remedies for Breach of Contract 247
Chapter 16: Examining How Courts Handle Breach of Contract 249
Chapter 17: Exploring Remedies in Article 2 of the UCC 267
Chapter 18: Checking for Additional Remedies 285
Part VI: Bringing Third Parties into the Picture 303
Chapter 19: Decidi ng Whether a Third Party Can Enforce or Interfere with a Contract 305
Chapter 20: Acknowledging the Rights and Duties of Third Parties 315
Part VII: The Part of Tens 325
Chapter 21: Ten Questions to Ask When Analyzing a Contracts Problem 327
Chapter 22: Ten Notable People (And Philosophies) in Contract Law 337
Appendix: Glossary 341
Index 345

Nota biograficzna:
Scott J. Burnham is the Curley Professor of Commercial Law at Gonzaga University School of Law. For 30 years he has taught Contracts at law schools internationally and throughout the U.S. He is also a prolific writer on legal topics and a consultant on contract drafting for numerous businesses.

Okładka tylna:
Take the mumbo jumbo out of contract law and ace your contracts course
Confused by contract law? This hands–on guide gives you plain–English explanations of terminology and language used in contracts, showing you how to read and analyze cases and statutes with ease. You′ll quickly and painlessly get up to speed on contract formation; contract theory and legality; agreement, consideration, restitution, and promissory estoppel; fraud and remedies; performance and breach; the parol evidence rule; and more.
Defense! Defense! — get the 4–1–1 on contract formation and the different contract defenses, including whether a party did anything illegal or unfair, whether the parties had the ability to make a contract, and the factors that determine whether an oral agreement is enforceable
Make sense of the madness — grasp the strategies the courts use to fill the gaps in a contract and interpret what the language really means
To perform or to breach — find out how one party may breach a contract even before performance is due by anticipatory repudiation
There′s a remedy for that — understand the various methods available to the cou rts to remedy a breach in a way that′s fair for both parties
Bring a third party into the picture — discover how to recognize the rights and duties of third parties and decide under what circumstances third parties are allowed to enforce contracts
Open the book and find:
Coverage of common law contracts and the Uniform Commercial Code (UCC)
How a contract is formed through mutual assent
Ways to determine whether a party has performed as promised
How to determine whether a contract is void, voidable, or unenforceable
Advice on figuring out remedies for breach
Tips for interpreting contracts
Questions to ask when analyzing contract problems
Examples drawn from real–life cases
Learn to:
Identify the essential elements of contract formation
Recognize common contract defenses
Apply the rules that govern contract performance in different situations
Draft contracts that more effectively protect the parties′ interests