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Contracts in Context: From Transaction to Litigation, Second Edition

Authors
  • Nadelle Grossman
  • Eric A. Zacks
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, 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, and
  • The 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.
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About the authors
Nadelle Grossman
Associate Professor
Marquette University Law School

Professor Grossman is an Associate Professor of Law at Marquette University Law School. She teaches courses in business associations, business planning, contract law, contract drafting, and corporate governance. She writes and has published in the areas of corporate law, securities laws, and corporate governance, placing articles in the Georgia Law Review, the LSU Law Review, the West Virginia Law Review, and the Michigan Journal of Law Reform, among other journals.

Professor Grossman received her J.D., magna cum laude, from Tulane Law School and her B.S. in Political Economy of Natural Resources from the University of California at Berkeley. Prior to academia, Professor Grossman practiced law for over seven years in the corporate, banking, and business section of Fulbright & Jaworski L.L.P. As a corporate lawyer, Professor Grossman advised clients on domestic and international business transactions, including mergers and acquisitions, equity and debt offerings, secured and unsecured financings, and restructurings. She also worked with public company clients in preparing securities law filings and handling general corporate matters.

Her tenure at Fulbright included an eighteen-month secondment to the International Finance Corporation, a member of the World Bank group, where she worked on international project finance transactions in the infrastructure sector.

Eric A. Zacks
Professor of Law
Wayne State University Law School

Eric Zacks is an associate professor of law at Wayne State University Law School. His scholarship focuses on modern contracting practices and the relevance of behavioral and cognitive sciences to the legal and social construction of contract formation, breach, and enforcement. His work has been published in many law reviews and journals, including the University of Pennsylvania Journal of Business Law, Florida State University Law Review, Journal of Corporation Law, University of Cincinnati Law Review, Marquette Law Review, Penn State Law Review, and William & Mary Business Law Review.

In 2012 and 2013, Zacks was voted Professor of the Year by the second- and third-year law students at Wayne Law. He teaches a variety of business law courses, including Corporate Finance, Mergers and Acquisitions, Securities Regulation, and Corporations, as well as a first-year Contracts course.

Prior to joining Wayne Law, Zacks was a partner in the corporate and securities department of Honigman Miller Schwartz and Cohn LLP, a Detroit law firm, with a practice focus on complex acquisitions and divestitures, debt and equity financings, and other aspects of corporate transactions. He earned his law degree, magna cum laude, from Harvard Law School and his bachelor of arts degree, with high distinction, from the University of Michigan.

Product Information
Edition
Second Edition
Publication date
2023-02-22
Copyright Year
2023
Pages
836
Connected eBook with Study Center + Hardcover
9781543857702
Connected eBook with Study Center (Digital Only)
9798886144345
Subject
Contract Law
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