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Contracts in Context: from Transaction to Litigation

Nadelle Grossman, Eric A. Zacks

$217.00

  • ISBN: 9781454877035

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  • Description

    This new casebook focuses on the transactional nature of contracts. In addition to describing the law of contracts and how the law is applied in litigation, Contracts in Context: From Transaction to Litigation explores why parties enter into contracts, how written contracts are customarily structured, and why and how parties use contract design and terms to achieve their goals. It explores how parties “contract around” default requirements of the law, in addition to satisfying mandatory aspects of the law, through contracts. The book describes the role of both the transactional lawyer and litigator in working with contracts. It presents much of the material in expository fashion rather than only or primarily through cases. It then challenges students to apply that law through transactional and litigation practice and simulation problems.

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  • Additional Product Details

    Publication Date: 2/1/2019
    Copyright: 2019
    Pages: 930
    ISBNs:
    Hardcover: 9781454877035

    Detailed Table of Contents (PDF Download)
    Preface

    Summary of Contents

    Contents
    Preface
    Acknowledgments

    PART I INTRODUCTION TO CONTRACT LAW AND PRACTICE
    CHAPTER 1 What Is a Contract? Why Is It Used?
    CHAPTER 2 Structure and Role of Contract Law
    CHAPTER 3 Parts of a Contract and Contract Terms

    PART II CONTRACT FORMATION
    CHAPTER 4 Mutual Assent to an Exchange
    CHAPTER 5 Mutual Assent Under UCC Article 2
    CHAPTER 6“Forms,” Electronic Contracting, Smart Contracts, and Mutual Assent
    CHAPTER 7 Consideration
    CHAPTER 8 Special Bargain Rules for Option Contracts

    PART III CONTRACT FORMATION PROCESSES
    CHAPTER 9 Lawyers’ Representation of Clients in Contracting
    CHAPTER 10 Pre-Bargain Diligence and Documentation
    CHAPTER 11 Contract Negotiation and Drafting

    PART IV CONTRACT TERMS AND PERFORMANCE
    CHAPTER 12 Performing and Modifying the Contract
    CHAPTER 13 Judicial Interpretation of Contract Terms
    CHAPTER 14 Implied Terms Under the UCC
    CHAPTER 15 The Parol Evidence Rule

    PART V JUSTIFICATION NOT TO PERFORM
    CHAPTER 16 Excuses to Performance
    CHAPTER 17 Introduction to Defenses to Enforcement and the Statute of Frauds
    CHAPTER 18 Incapacity
    CHAPTER 19 Duress and Undue Influence
    CHAPTER 20 Misrepresentation
    CHAPTER 21 Unconscionability and Public Policy

    PART VI ALTERNATIVE THEORIES OF RECOVERY
    CHAPTER 22 Promissory Estoppel
    CHAPTER 23 Alternative Theories of Recovery Absent a Bargain or Reliance

    PART VII REMEDIES FOR BREACH
    CHAPTER 24 Remedies Generally; Damages
    CHAPTER 25 Limits on Damages
    CHAPTER 26 Specific Performance and Agreed Remedies
    CHAPTER 27 Disallowed Damages
    CHAPTER 28 UCC Remedies

    PART VIII THIRD PARTIES
    CHAPTER 29 Rights, Duties, and Liabilities of Third Parties

    Appendix A: Simulation Problems
    Appendix B: Purchase Agreement
    Appendix C: Employment Agreement

    Table of Cases
    Table of Acts, Codes, and Rules (Primary and Secondary)
    Table of Secondary Authorities
    Index

  • Author Information

    Nadelle Grossman

    Professor Grossman is an Associate Professor of Law at Marquette University Law School. She teaches courses in business associations, business planning, contract law, contract drafting, and corporate governance. She writes and has published in the areas of corporate law, securities laws, and corporate governance, placing articles in the Georgia Law Review, the LSU Law Review, the West Virginia Law Review, and the Michigan Journal of Law Reform, among other journals. Professor Grossman received her J.D., magna cum laude, from Tulane Law School and her B.S. in Political Economy of Natural Resources from the University of California at Berkeley.
    Prior to academia, Professor Grossman practiced law for over seven years in the corporate, banking, and business section of Fulbright & Jaworski L.L.P. As a corporate lawyer, Professor Grossman advised clients on domestic and international business transactions, including mergers and acquisitions, equity and debt offerings, secured and unsecured financings and restructurings. She also worked with public company clients in preparing securities law filings and handling general corporate matters. Her tenure at Fulbright included an eighteen-month secondment to the International Finance Corporation, a member of the World Bank group, where she worked on international project finance transactions in the infrastructure sector.

    Eric A. Zacks

    Eric Zacks is an associate professor of law at Wayne State University Law School. His scholarship focuses on modern contracting practices and the relevance of behavioral and cognitive sciences to the legal and social construction of contract formation, breach and enforcement. His work has been published in many law reviews and journals, including the University of Pennsylvania Journal of Business Law, Florida State University Law Review, Journal of Corporation Law, University of Cincinnati Law Review, Marquette Law ReviewPenn State Law Review and William & Mary Business Law Review.
    In 2012 and 2013, Zacks was voted Professor of the Year by the second- and third-year law students at Wayne Law. He teaches a variety of business law courses, including Corporate Finance, Mergers and Acquisitions, Securities Regulation, and Corporations, as well as a first-year Contracts course.
    Prior to joining Wayne Law, Zacks was a partner in the corporate and securities department of Honigman Miller Schwartz and Cohn LLP, a Detroit law firm, with a practice focus on complex acquisitions and divestitures, debt and equity financings, and other aspects of corporate transactions. He earned his law degree, magna cum laude, from Harvard Law School and his bachelor of arts degree, with high distinction, from the University of Michigan.

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