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Introduction to the Law of Contracts

Introduction to the Law of Contracts - 3rd edition

ISBN13: 978-0766810235

Cover of Introduction to the Law of Contracts 3RD 00 (ISBN 978-0766810235)
ISBN13: 978-0766810235
ISBN10: 0766810232
Cover type:
Edition/Copyright: 3RD 00
Publisher: West Publishing Co. (College)
Published: 2000
International: No

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Introduction to the Law of Contracts - 3RD 00 edition

ISBN13: 978-0766810235

Martin A. Frey, Terry H. Bitting and Phyllis Hurley Frey

ISBN13: 978-0766810235
ISBN10: 0766810232
Cover type:
Edition/Copyright: 3RD 00
Publisher: West Publishing Co. (College)

Published: 2000
International: No
Summary

The third edition of this well-respected text presents a road-map approach for thinking about contracts problems. Steps in the road map include choice of law, contract formation, unenforceable contracts, breach of contract, and plaintiff's remedies. The rules of the law are presented first as theory, followed by and example and either a paralegal exercises or a case so that students can relate the abstract to a concrete set of facts. The text also teaches students how to analyze a contracts problem using common law and a code approach (articles 1 and 2 of the UCC).

  • substantially rewritten with less emphasis on the law of restitution as it relates to the law of contracts to simplify text
  • detailed index and glossary are useful for reference in practice
  • many new examples and paralegal problems
  • new terms defined in text and bolded for easy reference
  • end of chapter questions
  • more charts added to help the visual learner
  • appendix with Articles 1 and 2 of the UCC edited so it will contain all code sections but only selected comments
  • road map of the law of contracts helps to organize the law and assists memory
  • fully explains the rules to help understanding of difficult concepts
  • use of modern contract terminology makes statements of the law accurate and up-to-date

Author Bio

Frey, Martin A. : University of Tulsa

Martin A. Frey, is a professor of law at the University of Tulsa College of Law. He earned a B.S.M.E. from Northwestern University, a J.D. from Washington University (St. Louis) School of Law, and an LL.M. from George Washington University. He is a member of the Oklahoma, Missouri and American Bar Associations, a Senior Settlement Judge for the United States District Court and the Bankruptcy Court for the Northern District of Oklahoma, and a Master in the W. Lee Johnson Inn of the American Inns of Court. He teaches in the areas of Contracts, Secured Transactions, and Alternative Methods of Dispute Resolution. Professor Frey has been selected by the students at the University of Tulsa College of Law as the Outstanding Professor (1978, 1979, 1980, 1990) and by the University of Tulsa as Outstanding Teacher (1981). Professor Frey has been an inspector for the ABA's Committee on Accreditation since 1978. Professor Frey is also a co-author of Frey, McConnico & Frey, An Introduction to Bankruptcy Law (West 1st ed. 190, 2d ed. 1992, 3d ed. 1997).

Frey, Phyllis Hurley :

Phyllis Hurley Frey is an attorney in Tulsa, Oklahoma. She earned a B.S. with honors from Texas Tech University, where she was a member of Phi Kappa Phi National Honor Society. She earned her J.D. from the University of Tulsa College of Law. Upon graduation, Ms. Frey became the Estate Administrator of the United States Bankruptcy Court for the Northern District of Oklahoma and served for four years. Ms. Frey is also a co-author of Frey, McConnico & Frey, An Introduction to Bankruptcy Law (West 1st ed. 1990, 2nd ed. 1992, 3rd ed. 1997). Ms. Frey is a member of the Oklahoma and American Bar Associations.

Bitting, Terry H. :

Terry H. Bitting is an attorney in Tulsa, Oklahoma, and teaches Contracts in the Legal Assistant program at Tulsa Community College. She earned a B.S. from the University of Tulsa and a J.D. from the University of Tulsa College of Law. Upon graduation, Ms. Bitting has been a part-time public defender, a conflict public defender at juvenile court, and in private practice in her own firm. Ms. Bitting is a member of the Oklahoma and American Bar Associations.

Table of Contents

Introduction : A Road Map for Analyzing the Law of Contracts

Part I. Step One, Determining the Applicable Law (Choice of Law)

Introduction : Three Choices of Law Issues.
Determining the Rules Governing the Dispute.

Part II. Step Two, Contract Formation

Introduction : A Transactional Guide to Contract Formation.
The Offer Phase.
The Post-Offer/Pre-Acceptance Phase.
The Acceptance Phase.
The Post-Acceptance Phase.
Drafting a Contract.

Part III. Step Three, Contract Enforceability

Introduction : Contracts That Are Not Enforceable.
Contract Enforceability : Protecting a Class.
Contract Enforceability : Protecting a Party Against Overreaching.
Contract Enforceability : Protecting the Judicial Process.

Part IV. Step Four, Breach of Contract

Introduction : Types of Breach and Responses.
The Defendant's Response to the Plaintiff's Allegation of Breach.

Part V. Step Five, The Plaintiff's Remedies for the Defendant's Breach of Contract

Introduction : Compensation for Breach.
Plaintiff's Remedies for the Defendant's Breach of Contract.

Part VI. Third Party Interests

Introduction : Beyond the Two Contracting Parties.
Third Party Interests.

Glossary.

Appendix A : Briefing Cases and Analyzing Statutes.
Appendix B : Answers to the Review Questions
Appendix C : Evaluating a Breach of Contract Case

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