Contracts in Context : From Transaction to Litigation

This new casebook focuses on the transactional nature of contracts. In addition to describing the law of contracts and how the law is applied in litigation, Contracts in Context: From Transaction to Litigation explores why parties enter into contracts, how written contracts are customarily structured, and why and how parties use contract design and terms to achieve their goals. It 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. It then challenges students to apply that law through transactional and litigation practice and simulation problems.

Professors and students will benefit from:

• Material presented not only on contract law, but also on contract design and terms, so that students understand how contracts and contract law support private ordering by parties
• Many examples of contract language to demonstrate why and how parties customize contracts to further their goals
• Discussion of the role of the transactional lawyer in working with contracts so that students can begin to develop important transactional skills and wrestle with some of the professional dilemmas transactional lawyers frequently face
• Material presented through expository text to give students a more comprehensive and clearer view of what limits the law imposes on their private ordering through contracts and which requirements can be contracted around
• A large set of problems, many of which involve tasks assigned to new transactional lawyers and litigators, to allow students to learn the material through active participation and critical thinking