North Carolina Contract Law

This two-volume treatise, now in its second edition, authoritatively analyzes the law of contracts, both under North Carolina’s common law and its Article 2 of the Uniform Commercial Code. Frequently quoted and cited by North Carolina’s appellate courts, North Carolina Contract Law analyzes in detail more than two centuries of contract law, and is updated annually.

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Print Book:1 volume, hardbound, with current supplement
2nd Edition
ISBN: 9781663318664
Published: July 27, 2021
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ISBN: 9781663318671
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Repeatedly quoted and cited by the North Carolina Supreme Court and the North Carolina Court of Appeals, North Carolina Contract Law authoritatively analyzes the law of contracts, both under North Carolina’s common law and Article 2 of the Uniform Commercial Code. Twenty years in the making, the second edition of this highly-esteemed treatise now spans two volumes, has been expanded, revised, and updated, and over the course of more than 1,300 pages and nearly 5,000 footnotes, comprehensively examines more than two centuries of contract law.

The only legal treatise on North Carolina contract law, its easy-to-use format includes tables of cases and statutes, and appendices. The treatise’s annual Cumulative Supplement provides analysis of the most recent North Carolina decisions on contract law.

This far-reaching work is divided into two volumes. Volume 1 exhaustively analyzes the creation and enforcement of common-law contracts and issues of mutual assent, consideration, parol evidence, and the statute of frauds. All types of common-law contracts are discussed in detail, including employment agreements, construction contracts, leases, contracts for the sale of land, options, broker’s contracts, master services agreements, development agreements, settlement agreements, and loan and guaranty agreements. This in-depth analysis covers cases decided from 1795 to the present.

Volume 2 thoroughly examines contracts for the sale of goods as governed by North Carolina’s version of Article 2 of the Uniform Commercial Code and as interpreted by the State’s appellate courts. Warranty issues are given an extensive discussion, as is the interplay between the UCC’s Article 2 and North Carolina’s Products Liability Act. Volume 2’s Appendices contain the full text of that Act, as well as North Carolina’s version of the UCC’s Article 1 and Article 2.

Both practical and scholarly, North Carolina Contract Law puts thousands of cases at the reader’s fingertips, providing authoritative answers along with insightful analysis into the reasoning behind a rule of law. Lawyers, judges and law students will find this treatise saves considerable time and offers definitive answers to complex issues. North Carolina Contract Law is an invaluable resource for litigators and business, construction, employment, and real estate lawyers, all of whom will find it an indispensable guide for contract review, drafting and litigation.

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Table of contents

Chapter 1 Definitions, Parties, and Capacity
Chapter 2 Mutual Assent
Chapter 3 Consideration and Its Substitutes
Chapter 4 The Statute of Frauds
Chapter 5 The Parol Evidence Rule
Chapter 6 An Introduction to the UCC's Article 2
Chapter 7 Formation of Contracts for the Sale of Goods
Chapter 8 Modification, Rescission and Waiver
Chapter 9 Enforcing the Contract: The Statute of Frauds, the Parol Evidence Rule and the Doctrine of Unconscionability
Chapter 10 Performance and Breach
Chapter 11 Risk of Loss and Passage of Title
Chapter 12 Buyer's Remedies
Chapter 13 Seller's Remedies
Chapter 14 Limitation of Remedies
Chapter 15 Warranties
Chapter 16 Warranty Defenses
Appendix A Article 1 of North Carolina's Uniform Commercial Code
Appendix B Article 2 of North Carolina's Uniform Commercial Code
Appendix C North Carolina's Products Liability Act
Appendix D Legal Maxims and Other Latin Words and Phrases
Table of Cases
Table of North Carolina General Statutes
Table of Sections from The Restatement of Contracts
Table of Sections from The Restatement (Second) of Contracts
Index