Contracts: Cases, Text, and Problems

Contracts: Cases, Text, and Problems provides a unique combination of introductory explanations, case and statutory method, and problem method.
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ISBN: 9781531001124
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Book Edition: 2018-06

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Contracts: Cases, Text, and Problems provides a unique combination of introductory explanations, case and statutory method, and problem method. It introduces students to contracts law and legal method in an engaging, accessible manner that mirrors the way an associate would analyze a problem in a law office: (1) Hornbook-style text and excerpts from scholarly articles present an overview to each topic, providing context and perspectives in preparation for examining primary law; (2) cases and statutes invite more focused exploration of each legal topic; and (3) numerous exercises and practice examinations provide students with the opportunity to apply the law to new facts, leading to a deeper, working knowledge of the material.

The text, article excerpts, cases, and exercises occasionally touch upon legal history, comparative law, international law, economic analysis, and professional responsibility to better help students place the contracts material in a broader context. The exercises include several drafting problems, and one case reveals an overlap between contract law and civil rights law (liability for racial discrimination in contracting under 42 U.S.C.  § 1981). Several cases and exercises explore questions of litigation and civil procedure, including standards of appellate review and the ability to create a triable issue of fact and escape summary judgment by offering admissible parol evidence.

This edition includes the Supreme Court's embrace of disgorgement of profits in an interstate-compact case, the discussion of electronic contracting and unconscionability in the Uber ride service litigation in California, coverage of California's Right to Repair Act, and a summary of the Supreme Court case law on the Federal Arbitration Act's preemption of state law defenses to class actions waivers in arbitration clauses.

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