Making and doing deals : contracts in context / David G. Epstein, Bruce A. Markell, Lawrence Ponoroff.

By: Contributor(s): Material type: SoundSoundPublication details: Princeton, N.J. : Recording for the Blind & Dyslexic, 2006.Edition: 2a edDescription: xxiii, 1016 pSubject(s): DDC classification:
  • 346
LOC classification:
  • KF 801 E64m 2006
Contents:
What are we going to be doing in this course: What is a contract; Why do lawyers and law student need to know about contracts and contract law; Where does contract law come from; What is the lawyer's role in contract law; What is a first year course in contracts -- Has your client made a deal: Determining mutual assent; Offer; Destrying the offer; Preserving the offer; Modes and methods of acceptance; Deficient agreements, insufficient, inadequate, and postponed terms -- Is it a deal that the law will enforce: Contract law reasons for enforcing agreements, consideration and consideration substitutes; Contract law reasons for not enforcing agreements, overview; Contract law reasons for not enforcing agreements, statues of fraud; Contract law reasons for not enforcing agreements, fraud, fraudulent or material misrepresentations and nondisclosure; Contract law reasons for not enforcing agreements,defendant's lack of capacity; Contract law reasons for not enforcing agreements, duress and undue influence; Contract law reasons for not enforcing agreements, illegality and public policy; Contract law reasons for not enforcing agreements, unconscionability; Contract law reasons for not enforcing agreements, mistake -- What are the terms of the deal: Agreement, beyond the written word; Express terms, parol evidence, and the argument over the completeness of the written contract; Ambiguous express terms, using parol evidence and other extrinsic evidence to discover the meaning of the terms used; Implied terms -- When is someone who made an enforceable deal excused from doing what she agreed to do: Non-occurrence of conditions as an excuse for not doing what you agreed to do; Modification, waiver, or estoppel as an excuse for not doing what you agreed to do; Other guy's anticipatory repudiation as an excuse not doing what you agrees to do; Other guy's material breach as an excuse for not doing what you agreed to do; Looking back and looking ahead -- How does the law enforce a deal: Problem examined; Specific performance; Short detour, damages and the concept of efficient breach; Sgreed remedies; Money damages; Limitation of money damages; Other remedial measures, restitution; Innovations of the Uniform Commercial Code -- When do you have rights and/or duties under a contract that you did not make: Third party beneficiaries; Assignment and delegation -- What are the alternatives to contracts and contract law: Nature and origins of quasi-contract; Elements of a quasi-contractual claim; Promissory restitution; Measuring the value of the restitutionary interest.
Summary: [This volume] intende[s] to do a number of things, such as: incorporate the revisions made to Article 2 in 2003 ... reflect a handful of developments on the electronic front, including a new section on electronic acceptances. -Pref to 2nd ed.
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Holdings
Item type Current library Home library Collection Shelving location Call number Vol info Copy number Status Date due Barcode
Libro Libro Biblioteca Juan Bosch Biblioteca Juan Bosch Ciencias Sociales Ciencias Sociales (3er. Piso) KF 801 E64m 2006 (Browse shelf(Opens below)) 1 1 Available 00000065835

Includes bibliographical references.

What are we going to be doing in this course: What is a contract; Why do lawyers and law student need to know about contracts and contract law; Where does contract law come from; What is the lawyer's role in contract law; What is a first year course in contracts -- Has your client made a deal: Determining mutual assent; Offer; Destrying the offer; Preserving the offer; Modes and methods of acceptance; Deficient agreements, insufficient, inadequate, and postponed terms -- Is it a deal that the law will enforce: Contract law reasons for enforcing agreements, consideration and consideration substitutes; Contract law reasons for not enforcing agreements, overview; Contract law reasons for not enforcing agreements, statues of fraud; Contract law reasons for not enforcing agreements, fraud, fraudulent or material misrepresentations and nondisclosure; Contract law reasons for not enforcing agreements,defendant's lack of capacity; Contract law reasons for not enforcing agreements, duress and undue influence; Contract law reasons for not enforcing agreements, illegality and public policy; Contract law reasons for not enforcing agreements, unconscionability; Contract law reasons for not enforcing agreements, mistake -- What are the terms of the deal: Agreement, beyond the written word; Express terms, parol evidence, and the argument over the completeness of the written contract; Ambiguous express terms, using parol evidence and other extrinsic evidence to discover the meaning of the terms used; Implied terms -- When is someone who made an enforceable deal excused from doing what she agreed to do: Non-occurrence of conditions as an excuse for not doing what you agreed to do; Modification, waiver, or estoppel as an excuse for not doing what you agreed to do; Other guy's anticipatory repudiation as an excuse not doing what you agrees to do; Other guy's material breach as an excuse for not doing what you agreed to do; Looking back and looking ahead -- How does the law enforce a deal: Problem examined; Specific performance; Short detour, damages and the concept of efficient breach; Sgreed remedies; Money damages; Limitation of money damages; Other remedial measures, restitution; Innovations of the Uniform Commercial Code -- When do you have rights and/or duties under a contract that you did not make: Third party beneficiaries; Assignment and delegation -- What are the alternatives to contracts and contract law: Nature and origins of quasi-contract; Elements of a quasi-contractual claim; Promissory restitution; Measuring the value of the restitutionary interest.

Distribution is restricted to RFB&D members who have a documented print disability such as a visual impairment, learning disability or other physical disability.

[This volume] intende[s] to do a number of things, such as: incorporate the revisions made to Article 2 in 2003 ... reflect a handful of developments on the electronic front, including a new section on electronic acceptances. -Pref to 2nd ed.

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