Problems and Materials on Commercial Law

Problems and Materials on Commercial Law
Author: Douglas J. Whaley
Publisher: Aspen Publishing
Total Pages: 1669
Release: 2021-01-31
Genre: Law
ISBN: 1543825915

Clear, lucid, and extremely accessible, Problems and Materials on Commercial Law helps students understand black letter law and the statutory language in the Uniform Commercial Code. Concise yet comprehensive coverage includes the most recent case and statutory developments in all fundamental areas of Commercial Law, including sales, payment systems, and secured transactions. A sensible, flexible organization follows the order of UCC Articles 2, 3, 4, and 9, and is adaptable to many teaching styles. Drawing on experience in both teaching and writing, the authors provide thorough and practical coverage using a popular problems approach. The text’s effective format, manageable length, and inclusion of the most important cases make Problems and Materials on Commercial Law concise and efficient. New to the Twelfth Edition: New/expanded Problems throughout Updates on the fundamental areas of commercial law Sales: New cases in most chapters examining hot topics Expanded discussion of boilerplate clauses Updated discussion of Restatement 3d changes to strict product liability standards Examines whether Amazon is a seller of products or merely a distributor Payment: Updated rules on check imaging and collection are covered in some detail New cases, including DZ Bank AG Deutche Zentral-Genossenschaftsbank v. McCranie; Majestic Building Maintenance, Inc. v. Huntington Bancshares Inc.; Wesseling v. Brackmann; Auto Sision, Inc. v. Wells Fargo; Peter E. Shapiro P.A. v. Wells Fargo Bank, N.A.; Knop v. Knop; and Cheatham I.R.A. v. Huntington National Bank Discussion of problems with accepting cashiers checks as payment Expanded coverage of electronic payment issues, such as duplicate deposit by phone and errors in wire transfers Secured Transactions: New cases, including Clark v. Missouri Lottery; BMW Financial Services, N.A. v. Felice; In re: Motors Liquidation Co.; Dr. Sena Yaddehige v. Xpert Technologies; and Hutzenbiler v. RJC Investment New materials on such issues as consignments of artworks; leases distinguished from secured sales; Bitcoin as collateral; credit card receivables as accounts; name errors in financing statements; effectiveness of collateral descriptions; online filing of financing statements; bogus UCC filings; whether manufacturing robots are fixtures; certificate of title goods; and predatory auto lending practices Professors and student will benefit from: Effective format that makes black letter law accessible and helps students understand statutory language Sensible organization that is adaptable to many teaching styles Thorough and up-to-date—covers the latest changes in (and cases relating to) U.C.C. Articles 2, 3, 4, and 9, as well as other relevant laws and cases Popular problems-based approach Distinguished authorship—draws on experience in both teaching and writing Manageable length Concise and lucid text The most important cases related to commercial law

Contracts in Context

Contracts in Context
Author: Nadelle Grossman
Publisher: Aspen Publishing
Total Pages: 836
Release: 2023-01-31
Genre: Law
ISBN: 1543857701

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. 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, andThe 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. Professors and students will benefit from: Material presented on contract design and terms so that students understand how contracts are used in practice by businesspersons and how contract law supports this private ordering. 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. Explanations of contract law and other 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.

Policyholder's Reasonable Expectations

Policyholder's Reasonable Expectations
Author: Yong Qiang Han
Publisher: Bloomsbury Publishing
Total Pages: 277
Release: 2016-11-03
Genre: Law
ISBN: 1509900756

Over the past two decades, protecting contractual parties' reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar 'doctrine' of 'policyholder's reasonable expectations' has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder's reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder's reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder's reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law 'doctrine' of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder's reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.

Private Law in Theory and Practice

Private Law in Theory and Practice
Author: Michael Bryan
Publisher: Routledge
Total Pages: 334
Release: 2007-03-12
Genre: Law
ISBN: 1135391815

Private Law in Theory and Practice explores important theoretical issues in tort law, the law of contract and the law of unjust enrichment and relates the theory to judicial decision-making in these areas of private law. Topics covered include the politics and philosophy of tort law reform, the role of good faith in contract law, comparative perspectives on setting aside contracts for mistake and the theory and practice of proprietary remedies in the law of unjust enrichment. Contributors to the book bring a variety of theoretical approaches to bear on the analysis of private law. They include: economic analysis, corrective justice theory, comparative analysis of law, socio-legal inquiry, social history, political theory as well as doctrinal analysis of the law. In all cases the theoretical approaches are applied to recent case law developments in England, Australia and Canada, or, in the case of tort law, proposals in all these jurisdictions to reform the law. The book presents the theory of private law and the application of theory to practical legal problems in an accessible form to teachers and students of tort, contract and the law of unjust enrichment, legal researchers and law reformers.

Proving and Defending Damage Claims

Proving and Defending Damage Claims
Author: James Joseph Brown
Publisher: Wolters Kluwer
Total Pages: 1336
Release: 2007-01-01
Genre: Law
ISBN: 0735562687

Today, the standards for assessing the different types of damages vary greatly from state to state. Tort reform nationally has had a significant impact on tort damages. In addition, many states have codified the law concerning claims for damages arising from medical malpractice, consumer rights, wrongful death, and products liability. Proving and Defending Damage Claims: A Fifty-State Guide is the one reference that will help you accurately assess and pursue damages-- from drafting or defending a complaint to arguing damages at trial. This unique resource will help you present the strongest possible case on behalf of your client. You'll gain instant access to: Fifty-state surveys that provide quick and reliable answers to questions about recoverable damages. Analysis to help you calculate recoverable damages for particular causes of action. Reliable insights into the framework of punitive damages, including their availability and limitations. And much more! ; Proving and Defending Damage Claims: A Fifty-State Guide enables you to quickly and accurately assess damages in all fifty states. This essential resource analyzes damages connected with specific causes of action, including: Medical Malpractice Products Liability Personal injury Wrongful Death Equitable Remedies Property Loss Environmental Torts Consumer Protection