Drafting and Analyzing Contracts (called Drafting Contracts in its first two editions) is organized around the topics that are studied in the first year Contracts course. The purpose of this book is to apply the principles of contract law to the drafting of agreements. Each chapter discusses the substance of contracts as applied to drafting and suggests language that may be employed to accomplish the purpose. Drafting and Analyzing Contracts uses drafting to
- exemplify the principles of contract law
- illustrate the principles in a planning context
- develop the skills of a lawyer
Part I (How the Principles of Contract Law are Exemplified in Drafting) contains 14 chapters that illuminate the substantive law. For example: Chapter 7 demonstrates the problems that can arise from ambiguity and how to cure them; and Chapter 10 makes clear how drafters can use the concepts to accomplish different goals.
Part II (How the Principles of Drafting are Exemplified in Contracts) teaches techniques for contact drafting, including Drafting in Plain Language and Drafting with a Computer. Part II reinforces the substantive law and is particularly useful for classes that teach drafting.
New in this edition is Part III (How to Read and Analyze a Contract). Attorneys rely on forms and models and often employ form contracts where there is no opportunity for drafting. Therefore, attorneys must first read a contract before drafting or explaining it to a client. Students who follow the "5 passes" process for reading contracts will develop and deepen their analytical skills.
A thorough Teacher's Manual (available only to professors) provides guidance on teaching drafting, commentary on all parts of the book, solutions to all the problems, additional problems, and a bibliography.
Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.
PART I
How the Principles of Contract Law Are Exemplified in Drafting
- Chapter 1. Offer and Acceptance
- Chapter 2. Consideration
- Chapter 3. Indefiniteness
- Chapter 4. Enforceability
- Chapter 5. Capacity
- Chapter 6. Parol Evidence
- Chapter 7. Interpretation
- Chapter 8. Mistake
- Chapter 9. Force Majeure
- Chapter 10. Promise and Condition
- Chapter 11. Modification and Discharge
- Chapter 12. Warranties
- Chapter 13. Damages
- Chapter 14. Third Parties
PART II
How the Principles of Drafting Are Exemplified in Contracts
- Chapter 15. The Framework of a Contract
- Chapter 16. Operative Language and Boilerplate Terms
- Chapter 17. The Language of Drafting
- Chapter 18. Plain Language
- Chapter 19. Drafting with a Computer
PART III
How to Read and Analyze a Contract
Introduction
The Passes Outlined
- First Pass: Orientation
- Second Pass: Explication
- Third Pass: Implication
- Fourth Pass: Remediation
- Fifth Pass: Evaluation
Conclusion
Appendix A: Sample Contract
Appendix B: Exercises
Bibliography
Index
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