Essentials of Contract Law

ISBN-10: 0766821455
ISBN-13: 9780766821453
Edition: 2001
List price: $141.95
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Description: "Essentials of Contract Law" is an ideal guide for the paralegal student, the business law student and anyone preparing to work in the field of contract law. Using a road map as an outlining tool, the authors present the law of contracts in an  More...

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Book details

List price: $141.95
Copyright year: 2001
Publisher: Delmar Cengage Learning
Publication date: 12/5/2000
Binding: Paperback
Pages: 303
Size: 7.25" wide x 9.00" long x 0.50" tall
Weight: 1.100
Language: English

"Essentials of Contract Law" is an ideal guide for the paralegal student, the business law student and anyone preparing to work in the field of contract law. Using a road map as an outlining tool, the authors present the law of contracts in an understandable and organized manner. As a rule of law is presented, it is discussed conceptually then followed by an example and a concrete problem. This allows the user to become actively involved in working with the rules of law. All facets of contract law are addressed, making this manual ideal for both study and on-the-job reference.

Martin A. Frey, BSME, JD, LLM,is a Professor Emeritus at The University of Tulsa, Tulsa, Oklahoma, Senior Adjunct Settlement Judge for the United States District and Bankruptcy Courts for the Northern Districts of Oklahoma, and was the Reporter for the Civil Justice Reform Act Advisory Group for the United States District Court for the Northern District of Oklahoma. He was a professor at Drake and Texas Tech Universities and a visiting professor at the University of Maine, Washington University (St. Louis), the University of Alabama, Wake Forest University, Stetson University, and Florida International University. When teaching, Professor Frey served on a number of site visitation teams for the Section on Accreditation and Admission to the Bar of the American Bar Association. Professor Frey currently volunteers with the Financial Crimes Unit of the Tulsa Police Department. He is the author or co-author of "The Little Black Book, A Do-It Yourself Guide for Law School Competitions" (Carolina Academic Press, 2002); "Alternative Methods of Dispute Resolution" (Delmar Learning Thomson, 2003); "Introduction to the Law of Contracts, 4th Edition (Delmar Cengage Learning, 2008); "Introduction to Bankruptcy Law, 6th Edition (Delmar Cengage Learning, 2013); and "Essentials of Contract Law," 2nd Edition (Cengage Learning, 2015).

Attorney at Law, Tulsa, Okla.; B.S., Texas Tech University; B.S., J.D.

Table of Figures
Preface
Acknowledgments
Introduction: A Road Map for Analyzing the Law of Contracts
Determining the Applicable Law (Choice of Law)
Contract Formation
Contract Enforceability
Breach of the Contract
Plaintiff's Remedies for the Defendant's Breach of Contract
Third Party Interests
Step One: Determining the Applicable Law (Choice of Law)
Introduction: Three Choice of Law Issues
Determining the Rules Governing the Dispute
Determining the Rules When Federal and State Laws Conflict
Determining the Rules When More than One State has an Interest in the Transaction
Determining the Rules When a State Has Several Sets of Rules
Paralegal Checklist
Review Questions
Step Two: Contract Formation
Introduction: A Transactional Guide to Contract Formation
The Offer Phase
The Offer vs. Preliminary Negotiation (Creating the Power in the Offeree to Contract)
The Elements of an Offer--The Offeror's Promise and Consideration for That Promise
Alternatives to Classical Consideration
Alternative Causes of Action If There Is No Offer
Paralegal Checklist
Review Questions
The Post-Offer/Pre-Acceptance Phase
The Death of an Offer Prior to Acceptance
The Offer That Refuses to Die
Paralegal Checklist
Review Questions
The Acceptance Phase
The Elements of an Acceptance--The Offeree's Promise and Consideration for that Promise or the Offeree's Performance and Consideration for that Performance
The Method for Accepting an Offer
When an Attempted Acceptance is Effective
A Restitution Action Is Not an Alternative to Acceptance
Paralegal Checklist
Review Questions
The Post-Acceptance Phase
Modifying a Contract
Terminating a Contract Before It Has Been Fully Performed
Paralegal Checklist
Review Questions
Drafting a Contract
Drafting a Better Contract
Drafting Exercise
Paralegal Checklist
Review Questions
Step Three: Contract Enforceability
Introduction: Contracts That Are Not Enforceable
Contract Enforceability: Protecting a Class
Minority (Infancy)
Mental Incapacity
Incapacity Due to Alcohol or Other Drugs
Paralegal Checklist
Review Questions
Contract Enforceability: Protecting a Party Against Overreaching
Unconscionability and Adhesion Contracts
Fraud and Misrepresentation
Duress and Undue Influence
Mistake in a Basic Assumption of Fact
Paralegal Checklist
Review Questions
Contract Enforceability: Protecting The Judicial Process
Statute of Frauds
Illegality
Forum Selection Provisions
Paralegal Checklist
Review Questions
Step Four: Breach of the Contract
Introduction: Plaintiff's Allegation of Breach and Defendant's Responses
The Defendant's Response to the Plaintiff's Allegation of Breach
No Breach, Compliance
No Breach, Excuse
No Breach, Justification
No Breach, Terminated Duty
Breach
Paralegal Checklist
Review Questions
Step Five: Plaintiff's Remedies for the Defendant's Breach of Contract
Introduction: Compensation For Breach
Plaintiff's Remedies for the Defendant's Breach of Contract
Plaintiff's Expectation, Reliance, and Restitution Remedies for the Defendant's Breach of Contract
The Unavailability of Restitution as a Cause of Action for the Nonbreaching Plaintiff When the Defendant Has Breached the Contract
Paralegal Checklist
Review Questions
Third Party Interests
Introduction: Beyond the Two Contracting Parties
Third Party Interests
Third Party Beneficiary Contracts
The Assignment of Contract Rights and Delegation of Contract Duties
Third Party's Interference with Existing Contract Rights
Paralegal Checklist
Review Questions
Glossary
Index

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