tag:open.umn.edu,2005:/opentextbooks/subjects/environmental-lawOpen Textbook Library - Contract Law Textbooks2022-12-12T15:12:01Zhttps://open.umn.edu/assets/common/favicon/favicon-1594c2156c95ca22b1a0d803d547e5892bb0e351f682be842d64927ecda092e7.icohttps://open.umn.edu/assets/library/otl_logo-f9161d5c999f5852b38260727d49b4e7d7142fc707ec9596a5256a778f957ffc.png12962022-12-12T15:12:01Z2024-03-18T13:31:11ZTransactional Drafting: Introduction to Contract Drafting and Transactional Practice<img alt="Read more about Transactional Drafting: Introduction to Contract Drafting and Transactional Practice" title="textbook cover placeholder image" class="cover fallback " width="247" height="326" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" />Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper-level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks. The book also includes material on getting up to speed before you start drafting and brainstorming for contingencies after you have finished. In addition to drafting from scratch the book introduces students to the wide range of skills involved in transactional practice. There are chapters on revising form documents, both when you are the original drafter and when you represent the other side. Also, the book includes chapters on negotiating contract language, handling a closing (i.e., verifying authority and getting the documents signed), dealing with ethical issues that arise in contract drafting and execution, drafting a contract amendment, and using computers to draft contracts. Transactional Drafting includes everything students need to know to “hit the ground running” as a transactional attorney.12192022-08-19T17:50:12Z2024-03-05T23:06:50ZConstruction Contracting: Business and Legal Principles, Second Edition - Second Edition<img alt="Read more about Construction Contracting: Business and Legal Principles, Second Edition - Second Edition" title="Construction Contracting: Business and Legal Principles, Second Edition - Second Edition cover image" class="cover " width="383" height="495" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6Mzg2OSwicHVyIjoiYmxvYl9pZCJ9fQ==--2df7e348e56bcfc405ee4caf71a04699cf95afa2/Cover-ConstructionContracting(sm).jpg" />This introduction to construction contracting as it applies to typical, every-day situations explains “theoretical” ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project. Instructors reviewing or adopting this book are encouraged to register at https://bit.ly/interest_construction_contracting Any derivatives of this work must comply with the use and attribution requirements of the Creative Commons license, and include the following statement, “This material was previously published by Pearson Education, Inc.” Construction Contracting, 2nd edition is an "out of print," rights-reverted book for which the author's estate has given permission for digitization and release under a CC BY NC SA 4.0 license. It was previously published in 2002 by Pearson ISBN 1-13-091055-4. The copyright page has been edited and graphics redrawn. A new cover, dedication, acknowledgements, how to adopt this book, and author biography have been added, and the table of contents has been revised. As the book has been reformatted, the original back of the book index is not included.8772020-07-07T18:53:10Z2024-01-22T19:01:22ZFundamentals of Business Law<img alt="Read more about Fundamentals of Business Law" title="Fundamentals of Business Law cover image" class="cover " width="350" height="525" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6MTIyMCwicHVyIjoiYmxvYl9pZCJ9fQ==--03eae12db43fc55c3e05cc1aa571b8fd07db39d0/fundbuslaw.jpg" />Undergraduate business law textbook written by Melissa Randall and Community College of Denver Students in collaboration with lawyers and business professionals for use in required 200 level business law courses in the United States. This book is an introductory survey of the legal topics required in undergraduate business law classes.8052020-02-12T17:23:08Z2024-01-22T14:52:22ZThe Pay for Success Handbook<img alt="Read more about The Pay for Success Handbook" title="The Pay for Success Handbook cover image" class="cover " width="652" height="844" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6NzY0LCJwdXIiOiJibG9iX2lkIn19--b4fdac316f49637d91fed11191ef2a46b165cd35/0000PaySucces.png" />Government agencies frequently contract with nonprofit or for-profit organizations to provide services to improve the well-being of their clients―for example, by reducing recidivism, homelessness, or drug use. Governments have traditionally paid service providers on the basis of the number of clients they treat. The past decade has seen a number of Pay for Success (PFS) or results-based finance (RBF) programs, in which service providers are paid for their outcomes or results. For example, whereas a government agency contracting with a service provider to reduce recidivism among young men released from prison would traditionally have paid the service provider for the hours spent counseling a client, a PFS contract pays the organization for success in reducing the clients’ rate of recidivism from some baseline. This handbook is written for government officials considering the adoption of Pay For Success (PFS) programs and for students in public policy and business schools interested in studying outcomes-oriented government contracts for services. Part One introduces concepts necessary to develop and operate a service delivery program and then surveys some of the issues specific to PFS. Part Two presents two detailed case studies and a number of shorter descriptions of PFS programs. Part Three focuses on the components of PFS programs; it also discusses barriers to their development and ways of overcoming them. An editable file (docx) is also available.7892019-10-27T03:08:33Z2023-09-25T13:10:39ZBusiness Law I Essentials<img alt="Read more about Business Law I Essentials" title="Business Law I Essentials cover image" class="cover " width="571" height="739" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6NzQ2LCJwdXIiOiJibG9iX2lkIn19--24147339ab2df9981a16a66d2d21fb1c04601f51/978-1-947172-78-4.jpg" />Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.6692019-02-13T17:26:36Z2024-01-22T14:52:03ZLaw 101: Fundamentals of the Law<img alt="Read more about Law 101: Fundamentals of the Law" title="Law 101: Fundamentals of the Law cover image" class="cover " width="626" height="812" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6NjEzLCJwdXIiOiJibG9iX2lkIn19--55722156af7a06ab570418be2a0f706f1a8b2718/0000LawFunLaw.png" />Law 101: Fundamentals of Law, New York and Federal Law is an attempt to provide basic legal concepts of the law to undergraduates in easily understood plain English. Each chapter covers a different area of the law. Areas of law were selected based on what legal matters undergraduates may typically encounter in their daily lives. The textbook is introductory by nature and not meant as a legal treatise.Facebook6412018-11-16T23:38:10Z2024-01-22T14:52:13ZThe Story of Contract Law: Implementing the Bargain<img alt="Read more about The Story of Contract Law: Implementing the Bargain" title="The Story of Contract Law: Implementing the Bargain cover image" class="cover " width="193" height="250" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6NTc2LCJwdXIiOiJibG9iX2lkIn19--ce639f98d325fa4938f3deeac920fa09c23de230/0000StrConBar.jpg" />This book is a companion volume to Volume I, "The Story of Contract Law: Formation." Volume I introduces students to law study and teaches basic doctrines of contract formation along with formation defenses. This book, Volume II, The Story of Contract Law: Implementing the Bargain, covers the rest of basic contract doctrine, namely, laws that1) determine the content of the bargain (plain meaning, usage and custom, good faith, mistake in transmission, parol evidence, and express and constructive conditions);2) govern the effect of events that occur after formation (impracticability, frustration, failure of consideration, and risk of loss);3) set remedies—rescission, damages, specific performance—available to courts when liability exists; and4) establish the rights of third parties in contracts by assignment or delegation or as third-party beneficiaries. This book includes many classic teaching cases and introduces new ones. The book also includes many problems, most based on actual cases. The book takes especial care with the doctrine of concurrent conditions, a common-law rule adopted in the late 1700s that required doctrinal readjustment across all the law governing contract performance and remedies. This volume also continues several themes from Volume I. Volume II continues to tie rules to contract law’s central structural idea, that of fair exchange. Also, to the extent helpful to student understanding, Volume II explains doctrines in part through their chronological development. The book introduces the doctrines in the order best conducive to students’ understanding contract law as a regulatory whole; for this volume, it is the order in which the doctrines arise in litigation. Finally, where possible, this volume repeats ideas at helpful points and suggests ties between doctrines so that the structural coherence of contract doctrine becomes easier to understand.5962018-09-07T17:22:12Z2024-01-22T14:52:13ZAmerican Contract Law for a Global Age<img alt="Read more about American Contract Law for a Global Age" title="American Contract Law for a Global Age cover image" class="cover " width="193" height="250" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6NTE5LCJwdXIiOiJibG9iX2lkIn19--04104b4e4bd37d02c5786cf464ef357a7fc3a973/0000AmeConLaw.png" />American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students. As an eLangdell text, it offers maximum flexibility for students to read either in hard copy or electronic format on most electronic devices. Why “American” Contract Law? Nearly all American contract law texts focus on U.S. law. This volume simply makes that focus explicit. Modern American lawyers face an increasingly global world, and the book makes it clear that American law is not the only important commercial law regime in the world. But much of the value that the cosmopolitan and transnational American-trained lawyer brings to the table is an understanding of the contract law of the United States. To this end, the venerable English cases that exemplify common law doctrine are here presented not in their hoary 19th century settings. but in the 21st century forms that students can intuitively grasp.3432018-09-07T17:21:56Z2024-01-22T14:51:53ZThe Law of Trusts<img alt="Read more about The Law of Trusts" title="The Law of Trusts cover image" class="cover " width="188" height="250" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6MjgyLCJwdXIiOiJibG9iX2lkIn19--156dfce8f9da6abdc7ca4f7a3487943d9ddc1966/0000TheLawTru.png" />The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.3302018-09-07T17:21:55Z2024-01-22T14:52:13ZThe Story of Contract Law: Formation<img alt="Read more about The Story of Contract Law: Formation" title="The Story of Contract Law: Formation cover image" class="cover " width="845" height="1102" data-controller="cover" data-placeholder="/assets/common/placeholder-0e0607cbc50663ddb9e8fd188058bcd2630c730ef6ee322801278607b7d5af8e.png" src="/rails/active_storage/blobs/redirect/eyJfcmFpbHMiOnsiZGF0YSI6MjcwLCJwdXIiOiJibG9iX2lkIn19--4f3982d4ca1896f1c3fff94c8dc73bf0e666653a/0000StoConLaw.png" />This book, revised as the Third Edition July 2019, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation. The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept’s most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study. Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent. Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines. Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.
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