The Modern Law Of Contract
Also including further reading at the end of each chapter, and a companion website with additional resources, The Modern Law of Contract enables undergraduate and postgraduate students not only to fully understand the essential details of contract law but also to develop a profound and critical understanding of this fundamental area.
The Modern Law of Contract
Written by an author team with over 60 years of teaching experience, the new edition of The Modern Law of Contract is the complete textbook for students of contract law, providing not only clear and authoritative commentary but also a selection of learning features to enable students to engage actively with the law. This, the 14th edition, has been fully updated to address recent developments in contract law, including the implications of COVID-19 and the UK's future relationship with the EU. It offers a carefully tailored overview of all key topics for LLB and GDL courses, and includes a number of learning features designed to enhance comprehension and aid exam preparation, including:
The casebook was designed for four-hour, one-semester courses. It includes introductions that quickly orient students within unfamiliar territories. Cases present both the doctrine applied and, in some instances, the shortcomings of that doctrine. The authors express their disagreement about basic issues, so that students can experience the range of possible views in modern contract law. Contemporary subjects, such as form contracts, the modern concept of unconscionability, the rise of arbitration, and the increasing importance of computers in commercial transactions, are given considerable emphasis.
About a fifth of the cases are new, as we gradually move away from older cases that students may find it hard to connect with, and toward newer ones that are on more familiar topics. As in the past, the cases are selected on the basis of the inherent interest of their subject matter or their contemporary importance, with relatively few cases more than three decades old. In addition, we have continued to increase coverage on modern developments such as the ubiquity of form contracts, the changing interpretation of unconscionability, and the rapidly increasing significance of arbitration. The book places new emphasis on the accelerating role played by computers and the internet in commercial transactions. Our hope is that, as they start their careers, students who complete a course with this casebook will be well equipped, not only in the surviving structure of traditional contract law, but also in the sort of outlooks and skills they will need in practice.
However, a prenup or postnup agreement cannot determine the care and support of shared children. A dedicated attorney who has studied and drafted marital contracts could offer more insight about the varying types of legally binding agreements and their effects on a marriage. If you are in the East Valley of Phoenix, consider meeting with one of our Mesa marital contracts attorneys.
Parties to a divorce who share goals can enter into marital agreements even after litigation begins. Divorcing couples without a prenup or postnup agreement can still come to terms about how they want their marriage to end. A separation agreement can serve many of the same functions as other marital contracts.
Most divorces end before trial because both parties eventually reach a compromise about their property rights and alimony orders. A marital contracts lawyer in Mesa could help people to form separation agreements that serve to avoid complex and lengthy divorce trials.
These agreements serve as legally binding contracts, and the courts typically integrate them into a final divorce order. A Mesa marital agreements lawyer could work to understand your goals, form the necessary paperwork, and argue for the legitimacy of your contract if your marriage ends in divorce. Call today to get started.
?? reflect on how contract law operates in context: highlighted 'For thought' features ask students to consider 'what if' scenarios, while 'In focus' features offer critical commentary on the law;
Clearly written and easy to use, The Modern Law of Contract enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this fundamental area.
Marital agreements are contracts created by spouses, named by whether they are entered into before (prenuptial) or after (postnuptial) the marriage. These agreements are responsible for dictating how assets, obligations, debts, and other matters are split in the event of a divorce.
The recent reform of French law of contract consecrates and indeed reinforces those mechanisms designed to protect weaker parties that had been recognized progressively by the courts. This is not to say that the brief for contractual justice is now exhausted. Many questions have arisen that are not dealt with by the new legislation, but nor are they by the law of other Member States of the European Union, or indeed by the Common Frame of Reference. Three examples of contemporary problems that contract lawyers should address, are discussed here: access to vital goods and services to persons; the quality of goods and services provided under the contract; and the production process of these goods and services. On these three points, proposals are made which might serve as a basis for a new manifesto for social justice in European contract law.
Written for practicing attorneys, this resource covers all aspects of contract law. Encompasses a broad range of contract situations. Emphasizes recurring practical problems and the major differences between contracts governed by the Uniform Commercial Code (UCC) and those covered by common law. Conveniently organized by the stages of typical contract transactions. Provides in-depth discussion of contract formation, determination of content, completing vague or incomplete agreements, material breaches and the doctrine of substantial performance, excuses for non-performance, warranties, equitable and legal remedies, assessment of damages, right of third-party beneficiaries, assignments, employment relationships, and the convention on the international sale of goods.
contract, contract law, Uniform Commercial Code, Common law, transactions, contract formation, content, agreements, material breaches, doctrine of substantial performance, non-performance, warranties, legal remedies, damages, third-party beneficiary, assignments, employment relationships.
Is it really a bad thing for judges in insurance cases to consider other insurance cases in reaching a decision, or for judges in construction cases to consider other cases in construction law ? There is no reason to believe that principles are abandoned for that reason alone. If anything, I would have thought that the opposite was true. The law of contracts should not exist independent of the real worlds of insurance and construction. These developments offer an opportunity to test and refine the principles of the law of contract to ensure that they meet contemporary needs.
It has to be unfortunate that a provincial court looks only at other decisions from that province or that lawyers engaged in, say, a dispute over a construction contract look only at other construction cases. The balkanization of the law is even more serious than these examples suggest.
The purpose of this article is to address the protection of reasonable reliance to show that is a founding criterion of certain precontractual and contractual anomalies or non-conformities protections, determining its current configuration and legal nature, analyzing its scope and exploring its reception in Chilean doctrine and jurisprudence.
Clearly written and easy to use, The Modern Law of Contract enables undergraduate students of contract law to fully engage with the topic and gain a profound understanding of this fundamental area.
The law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number of ways. While civil law systems generally place tort law in a civil code, common law systems have favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case law plays a significant role in maintaining the flexibility and adaptability of the law. This article will examine, comparatively, different means of systemising the law of tort, contrasting civil law codification (taking the example of recent French proposals to update the tort provisions of the Code civil) with common law statutory consolidation and case-law intervention (using examples taken from English and Australian law). In examining the degree to which these formal means of systemisation are capable of improving the accessibility, intelligibility, clarity and predictability of the law of tort, it will also address the role played by informal sources, be they ambitious restatements of law or other means. It will be argued that given the nature of tort law, at best, any form of systemisation (be it formal or informal) can only seek to minimise any lack of precision and coherence. However, as this comparative study shows, further steps are needed, both in updating outdated codal provisions and rethinking the type of legal scholarship that might best assist the courts. 041b061a72