Essentials of Contract Law
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.
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lNTRODUCTlON A Road Map for Analyzing the Law of Contracts
Determining the Applicable Law Choice of Law
The PostOfferPreAcceptance Phase
The Acceptance Phase
The PostAcceptance Phase
Drafting a Contract
Protecting a Party Against Overreaching
Protecting The Judicial Process
Breach of the Contract
Plaintiffs Remedies for the Defendants Breach of Contract
Third Party Interests
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accept the offer accord contract acknowledgment form assent attempted acceptance bargaining bilateral contract Blackacre breach of contract breached the contract breaching party Buyer cause of action choice of law consideration contract action contract cause Contract Enforceability contract formation contract is formed contract law contracting party contractual duties counteroffer court damages defendant Defendant's Breach disaffirm the contract dispute duress EXAMPLE forum selection fully performed illegal implied induce lf the offer main contract offer minor nonbreaching party nonperformance offeree offeree's performance offeror offeror's promise PARALEGAL EXERClSE parol evidence rule party's payment plaintiff pre-existing duty promise to pay promise to sell promisor purchase order reasonable received rejection reliance requires response Restatement Secondl restitution action restitution cause restitution remedy revoke Secondl of Contracts Seller Statute of Frauds T F A terminated third party beneficiary tract transaction unconscionable unenforceable Uniform Commercial Code unilateral unjust enrichment warranty