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This book, revised as the Second Edition June 2017, is designed to teach contract doctrine beginning with the most fundamental concepts and building on these until the structure of contract doctrine as coherent and cohesive regulation appears. The order of presentation is, in fact, the order in which contract doctrine developed historically, but it is also, in general, the order in which arguments are introduced in litigation. The book begins with the most basic, core concept of contract law—exchange. The book teaches exchange using simple cases drawn from the actual development of the exchange concept's most obvious manifestation—the doctrine of consideration. These cases have basic but engaging facts. They do not take long to read, but they must be read carefully. They make an excellent introduction to law study. Logically, every doctrine of contract formation is centered on whether and when a fair exchange occurred. In litigation, the plaintiff alleges a promise and consideration—an exchange (a plausible one, and therefore fair enough at that point). Defenses to formation are a response to the allegation that a fair exchange occurred. Allegations of both promise and consideration show that the defendant assented. As between assent and exchange, exchange is the more fundamental concept, but because the law talks so often about assent, assent is covered at length afterward so that the function of the assent doctrines is apparent. Other doctrines, such as remedies (just an introduction in this first volume), waiver, seals, the Statute of Frauds, definiteness, and general public policy limitations are placed where students can best grasp their import in the context of the other doctrines. Along the way, most of the doctrines in the book are repeated in the cases, questions, or in class discussion. This repetition cements understanding, builds trust, and also allows students to see how the doctrines mesh together to regulate coherently.
- Subjects:
- Law and Legislation
- Keywords:
- Contracts Textbooks
- Resource Type:
- e-book
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e-book
Criminal Law uses a two-step process to augment learning, called the applied approach. First, after building a strong foundation from scratch, Criminal Law introduces you to crimes and defenses that have been broken down into separate components. It is so much easier to memorize and comprehend the subject matter when it is simplified this way. However, becoming proficient in the law takes more than just memorization. You must be trained to take the laws you have studied and apply them to various fact patterns. Most students are expected to do this automatically, but application must be seen, experienced, and practiced before it comes naturally. Thus the second step of the applied approach is reviewing examples of the application of law to facts after dissecting and analyzing each legal concept. Some of the examples come from cases, and some are purely fictional. All the examples are memorable, even quirky, so they will stick in your mind and be available when you need them the most (like during an exam). After a few chapters, you will notice that you no longer obsess over an explanation that doesn't completely make sense the first time you read it—you will just skip to the example. The examples clarify the principles for you, lightening the workload significantly.
- Keywords:
- Criminal law United States Textbooks
- Resource Type:
- e-book