The Fundamentals of Contract Law and Clauses


The Fundamentals of Contract Law and Clauses

A Practical Approach

9781783479412 Edward Elgar Publishing
Nancy S. Kim, Michael Paul Galvin Chair in Entrepreneurship and Applied Technology, Chicago-Kent College of Law, Illinois Institute of Technology, US
Publication Date: 2016 ISBN: 978 1 78347 941 2 Extent: 224 pp
This accessible textbook helps students learn essential transactional skills by explaining the meaning and purpose of common contract clauses and exploring some potential pitfalls associated with their use. Nancy Kim utilizes select case summaries and contract clause examples to illustrate doctrinal concepts and how they may affect a transaction. The Fundamentals of Contract Law and Clauses will prove to be an invaluable resource in the classroom, as it will support law students in becoming preventive lawyers by teaching them how to preempt problems, reduce risks and add value to transactions.

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Critical Acclaim
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This accessible and innovative textbook adopts a practical, transactions-centered approach to contract law by using contract clauses to explain doctrinal concepts. While reading this book, students will gain a working knowledge of important contract provisions and learn how to use contracts to prevent problems, reduce risks and add value to transactions.

This textbook contains unique features including reflection prompts, case highlights and ‘applying what you learned’ exercises to reinforce learning and help students gain essential transactional skills. Law professor and contracts expert Nancy Kim focuses on litigation prevention with a problem-solving approach. She offers helpful tips to avoid potential pitfalls in drafting contracts and provides explanations for common contract clauses and their meanings. Access to a digital teacher’s manual is available upon adoption of the book.

The Fundamentals of Contract Law and Clauses will be an invaluable resource for both law and business students, specifically in contracts, commercial law, business law and other transactions-oriented classes.
Critical Acclaim
‘Professor Kim’s book is ideal for anyone interested in improving their contract negotiation skills. Through its blend of contract doctrine, case summaries, sample clauses and questions designed to encourage reflection, the book provides an ideal blend of contract theory and practice. The caveats on “greedy drafting” that are sprinkled throughout the book are unique and useful. These cautionary scenarios serve as a reminder that successful drafting of contract clauses requires consideration of both legal and ethical principles.’
– George Siedel, University of Michigan, US

‘Professor Nancy Kim has continued her writing on modern contract law with this excellent introduction to contracts and contract clauses, aimed at both law students and middle managers who must deal with contracts despite their lack of formal legal training. Kim explains clearly and gives both good and bad examples of contract writing from the real world.’
– Peter Linzer, University of Houston, US
Contents: PART I INTRODUCTION PART II A ROADMAP TO A CONTRACT 1. The Purpose of a Contract and Contract Clauses 2. The Anatomy of a Contract 3. A Very Brief Overview of Contract Law Part III CONTRACT CLAUSES AND CONTRACT DOCTRINE 4. Common Contract Clauses Involving Contract Formation 5. Contract Clauses and Contract Enforceability 6. Contract Clauses and Issues Related to Performance and Breach 7. Contract Clauses and Parties Other Than the Original Parties to the Contract 8. Contract Clauses Addressing Remedies Index

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