Rethinking the Law of Contract Damages

Rethinking the Law of Contract Damages
Author: Victor P. Goldberg
Publisher: Edward Elgar Publishing
Total Pages: 279
Release: 2019-12-27
Genre: Law
ISBN: 1789902517

In this series of chapters on contract damages issues, Victor P. Goldberg provides a framework for analyzing the problems that arise when determining damages, and applies it to case law in both the USA and the UK.

Fault in American Contract Law

Fault in American Contract Law
Author: Omri Ben-Shahar
Publisher: Cambridge University Press
Total Pages:
Release: 2010-08-16
Genre: Law
ISBN: 1139493302

Representing an unprecedented joint effort from top scholars in the field, this volume collects original contributions to examine the fundamental role of 'fault' in contract law. Is it immoral to breach a contract? Should a breaching party be punished more harshly for willful breach? Does it matter if the victim of breach engaged in contributory fault? Is there room for a calculus of fault within the 'efficient breach' framework? For generations, contract liability has been viewed as a no-fault regime, in sharp contrast to tort liability. Is this dichotomy real? Is it justified? How do the American and European traditions compare? In exploring these and related issues, the essays in this volume bring together a variety of outlooks, including economic, psychological, philosophical, and comparative approaches to law.

Framing Contract Law

Framing Contract Law
Author: Victor Goldberg
Publisher: Harvard University Press
Total Pages: 424
Release: 2012-03-05
Genre: Law
ISBN: 0674063929

The central theme of this book is that an economic framework--incorporating such concepts as information asymmetry, moral hazard, and adaptation to changed circumstances--is appropriate for contract interpretation, analyzing contract disputes, and developing contract doctrine. The value of the approach is demonstrated through the close analysis of major contract cases. In many of the cases, had the court (and the litigators) understood the economic context, the analysis and results would have been very different. Topics and some representative cases include consideration (Wood v. Lucy, Lady Duff Gordon), interpretation (Bloor v. Falstaff and Columbia Nitrogen v. Royster), remedies (Campbell v. Wentz, Tongish v. Thomas, and Parker v. Twentieth Century Fox), and excuse (Alcoa v. Essex).

Handbook of Section 1983 Litigation, 2012 Edition

Handbook of Section 1983 Litigation, 2012 Edition
Author: David W. Lee
Publisher: Wolters Kluwer
Total Pages: 1368
Release: 2012-05-15
Genre: Law
ISBN: 145480985X

If you need the short answer to a Section 1983 question, and you can't afford to waste time running down the wrong research path, turn to the Handbook of Section 1983 Litigation, 2012 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise in Section 1983 cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of a Section 1983 claim, extensive citation to legal authority, every major Supreme Court ruling on Section 1983, as well as key opinions in every circuit, and a detailed overview of case law. The Handbook of Section 1983 Litigation, 2012 Edition is written by David Lee, a practicing expert with 20 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated 2012 Edition features coverage of recent important Section 1983 U.S. Supreme Court cases including: Skinner v. Switzer Arizona Christian School Tuition Organization v. Winn Camreta v. Greene NASA v. Nelson Connick v. Thompson Brown v. Plata Swarthout v. Cook Turner v. Rogers Duryea v. Guarnieri Arizona Free Enterprise Club's Freedom Club PAC v. Bennett Brown v. Entertainment Merchants Association Ortiz v. Jordan Fox v. Vice This is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing with Section 1983 cases.

Sales

Sales
Author: Daniel L. Keating
Publisher: Aspen Publishing
Total Pages: 688
Release: 2023-10-09
Genre: Law
ISBN:

Daniel Keating's Sales: A Systems Approach provides an interactive approach for UCC Article 2 Sales of Goods courses that includes clear textual explanations, interesting class-discussion problems, and formative assessment questions that allow students to test their mastery of key concepts throughout the course. Emphasizing the institutions and the mechanisms that participants use in the marketplace to conduct transactions, Daniel Keating’s “Systems Approach” provides a functional perspective of Articles 2 and 2A of the Uniform Commercial Code in practice. Comprehensive, problem-based coverage encompasses the domestic sale of goods, real estate sales, leases, and international sales. Thoughtful problems for students incorporate insights from this distinguished author’s interviews with leading figures in commerce as well as from actual sales forms and documents. News stories further illustrate, in real-world examples, how the system works in practice. Organized by Assignments, this engaging casebook lends flexibility in teaching and course design. New to the Eighth Edition: More than 200 multiple-choice poll questions (added to the Teacher's Manual) that are tied to selected casebook problems for instructors to use during class and/or to make available to students as formative assessment questions outside of class in addition to the more than 100 formative assessment questions already included within the casebook itself Textual material that analyzes the 2022 Amendments to Article 2 and their effect on hybrid transactions, the statute of frauds, and the parol evidence rule Problems on whether Article 2 covers the sale of Bitcoin, whether the lack of an engine immobilizer anti-theft device in certain Kia and Hyundai cars is a breach of the implied warranty of merchantability, and whether the pandemic should qualify as an excuse under UCC section 2-615 Fourteen new primary cases, including Williams v. Amazon, Inc. (E.D. Pa. 2021) (analyzing breach of implied warranty of fitness for a particular purpose claim against Amazon for sale of a henna tattoo kit); Velez v. RM Acquisition, LLC (N.D. Ill. 2023) (discussing whether a GPS system for truck drivers qualifies as a consumer product under the Magnuson-Moss Warranty Act); and Jet Experts, LLC v. Asian Pacific Aviation Ltd. (S.D.N.Y. 2022) (determining whether sale of a used corporate jet qualifies for specific performance remedy). Professors and students will benefit from: Problem method forces students to engage in the most productive level of learning during classroom time: applying the law to new facts. In-depth Teacher’s Manual enables instructor to be well-equipped to guide students through the problems. An author who is always happy to interact directly and on short notice with casebook adopters by phone or email regarding any questions on any material in the book. Concise text explains the law clearly so that students can successfully answer the problems for class. Extensive interviews with various players in the sales system give the material a real-world relevance that students particularly appreciate. More than 100 multiple-choice assessment questions with detailed explanations help students measure and clarify their understanding of the material as they go along, consistent with the requirements of ABA Standard 314 on the need for formative assessment tools in the law school curriculum.

Handbook of Section 1983 Litigation 2013

Handbook of Section 1983 Litigation 2013
Author: Esq. Lee (David W.)
Publisher: Wolters Kluwer
Total Pages: 1424
Release: 2013-04-16
Genre: Law
ISBN: 1454826894

If you need the short answer to a Section 1983 question, and you can't afford to waste time running down the wrong research path, turn to the Handbook of Section 1983 Litigation, 2013 Edition. This essential guide is designed as the practitioner's desk book. It provides quick and concise answers to issues that frequently arise in Section 1983 cases, from police misconduct to affirmative actions to gender and race discrimination. It is organized to help you quickly find the specific information you need whether you're counsel for the plaintiff or defendant. You will find a clear, concise statement of the law governing every aspect of a Section 1983 claim, extensive citation to legal authority, every major Supreme Court ruling on Section 1983, as well as key opinions in every circuit, and a detailed overview of case law. The Handbook of Section 1983 Litigation, 2013 Edition is written by David Lee, a practicing expert with 20 years of litigation experience. He has lectured on civil rights topics before thousands of litigators during his career, and argued four cases before the United States Supreme Court, as well as numerous cases before the Tenth Circuit Court of Appeals. This new updated 2013 Edition features coverage of recent important Section 1983 U.S. Supreme Court cases including: Skinner v. Switzer Arizona Christian School Tuition Organization v. Winn Camreta v. Greene NASA v. Nelson Connick v. Thompson Brown v. Plata Swarthout v. Cook Turner v. Rogers Duryea v. Guarnieri Arizona Free Enterprise Club's Freedom Club PAC v. Bennett Brown v. Entertainment Merchants Association Ortiz v. Jordan Fox v. Vice This is the one reference to keep at your fingertips at a hearing, trial, or deposition when dealing with Section 1983 cases.