03940cim a2200337Ka 4500 80836 20230410123450.0 061211s2006 nju n e z eng d 2006007349 (OCoLC)ocm76946504 RFB RFB 0820570443 (OCoLC)76946504 KF 801 E64m 2006 346 Epstein, David G., 1943- Making and doing deals : contracts in context / David G. Epstein, Bruce A. Markell, Lawrence Ponoroff. 2a ed. Princeton, N.J. : Recording for the Blind & Dyslexic, 2006. xxiii, 1016 p. Includes bibliographical references. What are we going to be doing in this course: What is a contract; Why do lawyers and law student need to know about contracts and contract law; Where does contract law come from; What is the lawyer's role in contract law; What is a first year course in contracts -- Has your client made a deal: Determining mutual assent; Offer; Destrying the offer; Preserving the offer; Modes and methods of acceptance; Deficient agreements, insufficient, inadequate, and postponed terms -- Is it a deal that the law will enforce: Contract law reasons for enforcing agreements, consideration and consideration substitutes; Contract law reasons for not enforcing agreements, overview; Contract law reasons for not enforcing agreements, statues of fraud; Contract law reasons for not enforcing agreements, fraud, fraudulent or material misrepresentations and nondisclosure; Contract law reasons for not enforcing agreements,defendant's lack of capacity; Contract law reasons for not enforcing agreements, duress and undue influence; Contract law reasons for not enforcing agreements, illegality and public policy; Contract law reasons for not enforcing agreements, unconscionability; Contract law reasons for not enforcing agreements, mistake -- What are the terms of the deal: Agreement, beyond the written word; Express terms, parol evidence, and the argument over the completeness of the written contract; Ambiguous express terms, using parol evidence and other extrinsic evidence to discover the meaning of the terms used; Implied terms -- When is someone who made an enforceable deal excused from doing what she agreed to do: Non-occurrence of conditions as an excuse for not doing what you agreed to do; Modification, waiver, or estoppel as an excuse for not doing what you agreed to do; Other guy's anticipatory repudiation as an excuse not doing what you agrees to do; Other guy's material breach as an excuse for not doing what you agreed to do; Looking back and looking ahead -- How does the law enforce a deal: Problem examined; Specific performance; Short detour, damages and the concept of efficient breach; Sgreed remedies; Money damages; Limitation of money damages; Other remedial measures, restitution; Innovations of the Uniform Commercial Code -- When do you have rights and/or duties under a contract that you did not make: Third party beneficiaries; Assignment and delegation -- What are the alternatives to contracts and contract law: Nature and origins of quasi-contract; Elements of a quasi-contractual claim; Promissory restitution; Measuring the value of the restitutionary interest. Distribution is restricted to RFB&D members who have a documented print disability such as a visual impairment, learning disability or other physical disability. [This volume] intende[s] to do a number of things, such as: incorporate the revisions made to Article 2 in 2003 ... reflect a handful of developments on the electronic front, including a new section on electronic acceptances. -Pref to 2nd ed. Contracts United States Cases. Markell, Bruce A. Ponoroff, Lawrence. lcc bk C0 DRFGD MP 61980 61980 0 0 lcc 0 0 CS BJB BJB CS 2023-04-10 1 0 KF 801 E64m 2006 00000065835 2018-10-24 00:00:00 1 2018-10-24 bk