Contracts in Context: From Transaction to Litigation [Connected eBook with Study Center] (Aspen Casebook)

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Contracts in Context: From Transaction to Litigation, covers contract law from a transactional perspective, including:

• A contract’s structure and terms,
• Contract formation legal requirements, and
• The negotiation, drafting, and performance of contracts, as well as the litigation of contracts, including a review of a contract’s interpretation, enforcement, and remedies.

Contracts in Context: From Transaction to Litigation explores why parties enter into contracts, how written contracts are customarily structured, and how and why parties use contract design and terms to achieve their goals. The book is unique because it introduces students to customary contract provisions, and walks students through the lifecycle of a contract, including (i) pre-formation activities such as due diligence, preliminary negotiations, and contract drafting, (ii) contract formation, performance, and amendment, and (iii) dispute activities, such as interpretation, enforcement, defenses, and remedies. The book explores how parties “contract around” default requirements of the law, in addition to satisfying mandatory aspects of the law, through contracts. The book describes the role of both the transactional lawyer and litigator in working with contracts. It presents much of the material in expository fashion rather than only or primarily through cases. This allows students to learn the doctrine more easily. It also allows for more time on applying the law to new situations. The book challenges students to apply contract law through transactional and litigation practice and simulation problems, which are adaptable to the classroom and asynchronous setting.

New to the Second Edition:

• Additional materials covering the professional identities of attorneys, in addition to their professional responsibilities.
• Revised practice problems for students to apply the contract law doctrine and private ordering principles they have learned.
• Expanded discussion of the role of contracts and contract law in widening and correcting power imbalances.
• Several new cases to enhance the learning experience.