Thư viện số
Giáo trình, tài liệu tham khảo và tài nguyên học tập mở.
Nguồn ngoài
The Story of Contract Law: Implementing the Bargain
Val Ricks · CALI's eLangdell® Press · 2021
This book is a companion volume to Volume I, "The Story of Contract Law: Formation." Volume I introduces students to law study and teaches basic doctrines of contract formation along with formation defenses. This book, Volume II, The Story of Contract Law: Implementing the Bargain, covers the rest of basic contract doctrine, namely, laws that1) determine the content of the bargain (plain meaning, usage and custom, good faith, mistake in transmission, parol evidence, and express and constructive conditions);2) govern the effect of events that occur after formation (impracticability, frustration, failure of consideration, and risk of loss);3) set remedies—rescission, damages, specific performance—available to courts when liability exists; and4) establish the rights of third parties in contracts by assignment or delegation or as third-party beneficiaries. This book includes many classic teaching cases and introduces new ones. The book also includes many problems, most based on actual cases. The book takes especial care with the doctrine of concurrent conditions, a common-law rule adopted in the late 1700s that required doctrinal readjustment across all the law governing contract performance and remedies. This volume also continues several themes from Volume I. Volume II continues to tie rules to contract law’s central structural idea, that of fair exchange. Also, to the extent helpful to student understanding, Volume II explains doctrines in part through their chronological development. The book introduces the doctrines in the order best conducive to students’ understanding contract law as a regulatory whole; for this volume, it is the order in which the doctrines arise in litigation. Finally, where possible, this volume repeats ideas at helpful points and suggests ties between doctrines so that the structural coherence of contract doctrine becomes easier to understand.
Nguồn ngoài
American Contract Law for a Global Age
Mark Burge; Franklin Snyder · CALI's eLangdell® Press · 2017
American Contract Law for a Global Age by Franklin G. Snyder and Mark Edwin Burge of Texas A&M University School of Law is a casebook designed primarily for the first-year Contracts course as it is taught in American law schools, but is configured so as to be usable either as a primary text or a supplement in any upper-level U.S. or foreign class that seeks to introduce American contract law to students. As an eLangdell text, it offers maximum flexibility for students to read either in hard copy or electronic format on most electronic devices. Why “American” Contract Law? Nearly all American contract law texts focus on U.S. law. This volume simply makes that focus explicit. Modern American lawyers face an increasingly global world, and the book makes it clear that American law is not the only important commercial law regime in the world. But much of the value that the cosmopolitan and transnational American-trained lawyer brings to the table is an understanding of the contract law of the United States. To this end, the venerable English cases that exemplify common law doctrine are here presented not in their hoary 19th century settings. but in the 21st century forms that students can intuitively grasp.
Nguồn ngoài
The Story of Contract Law: Formation
Val Ricks · CALI's eLangdell® Press · 2021
This book, revised as the Third Edition July 2019, 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.
Nguồn ngoài
Government Powers and Limitations
Kimberly Clairmont; Ethan Derstine; Alexandria Metzdorf; Stella Kemp · Oregon State University · 2024
This volume focuses on constitutional doctrine and law in the areas of government powers and limitations. It includes excerpts of landmark cases related to the judiciary and executive, contracts and takings clauses, and due process. The excerpts include the constitutional issues in these cases that are related to government powers and limitations with other questions of law and dicta omitted.
Nguồn ngoài
Tort Law: Cases and Commentaries
Samuel Beswick · CanLII: Canadian Legal Information Institute · 2021
The law of obligations concerns the legal rights and duties owed between people. Three primary categories make up the common law of obligations: tort, contract, and unjust enrichment. This casebook provides an introduction to tort law: the law that recognises and responds to civil wrongdoing. The material is arranged in two parts. Part I comprises §§1-11 and addresses intentional and dignitary torts and the overarching theories and goals of tort law. Part II comprises §§12-25 and addresses no-fault compensation schemes, negligence, nuisance, strict liability, and tort law’s place within our broader legal systems. This casebook was compiled and edited by Assistant Professor Samuel Beswick of the University of British Columbia Peter A. Allard School of Law. Maddison Zapach (J.D. expected 2023) provided research assistance on the first edition (published July 2021). We gratefully acknowledge the influence on our approach to this subject of Professor Joost Blom QC of the Allard School of Law, Professor John C.P. Goldberg of Harvard Law School, and Associate Professor Rosemary Tobin of the University of Auckland Faculty of Law. The support of Open UBC and the UBC Teaching and Learning Enhancement Fund is also gratefully acknowledged.
Nguồn ngoài
Introduction to business law in Papua New Guinea
Andrew Gibson · Southern Cross University · 2024
“Introduction to Business Law in Papua New Guinea” is an introductory text designed to support students enrolled in LEGL1007 Introduction to the Business Law of Papua New Guinea at Southern Cross University. The book is structured into five parts: Part 1 provides an introduction to studying business law, including writing legal essays and problem questions; Part 2 covers negligence; Part 3 discusses contract law; Part 4 addresses consumer law; and Part 5 focuses on agency within the Papua New Guinea legal system.
Nguồn ngoài
Transactional Drafting: Introduction to Contract Drafting and Transactional Practice
Ben Fernandez · Ben Fernandez · 2021
Transactional Drafting: Introduction to Contract Drafting and Transactional Practice contains a condensed presentation of all of the topics typically covered in an upper-level law school class on contract drafting. The book covers drafting from scratch including writing in plain English (not using legalese), avoiding ambiguity, and drafting covenants, rights and prohibitions consistently (using "will" or "shall" for covenants, "may" for rights, and "will not" or "shall not" for prohibitions). And it covers contract organization, from the title and the exordium to the core covenant, deal provisions and "boilerplate," to the testimonium and the signature blocks. The book also includes material on getting up to speed before you start drafting and brainstorming for contingencies after you have finished. In addition to drafting from scratch the book introduces students to the wide range of skills involved in transactional practice. There are chapters on revising form documents, both when you are the original drafter and when you represent the other side. Also, the book includes chapters on negotiating contract language, handling a closing (i.e., verifying authority and getting the documents signed), dealing with ethical issues that arise in contract drafting and execution, drafting a contract amendment, and using computers to draft contracts. Transactional Drafting includes everything students need to know to “hit the ground running” as a transactional attorney.
Nguồn ngoài
Fundamentals of Business Law
Melissa Randall; Community College of Denver Students · Melissa Randall · 2020
Undergraduate business law textbook written by Melissa Randall and Community College of Denver Students in collaboration with lawyers and business professionals for use in required 200 level business law courses in the United States. This book is an introductory survey of the legal topics required in undergraduate business law classes.
Nguồn ngoài
United States Securities Law
eLangdell Press Editorial Staff · CALI's eLangdell® Press · 2014
The United States Securities Code and Regulations appear in Title 15 of the United States Code and Title 17 of the Code of Federal Regulations. This publication was made with data provided by the United States government on the Office of Law Revision Counsel as well as the eCFR.
Nguồn ngoài
The Pay for Success Handbook
Suzanne Adatto; Paul Brest · Suzanne Adatto and Paul Brest · 2020
Government agencies frequently contract with nonprofit or for-profit organizations to provide services to improve the well-being of their clients―for example, by reducing recidivism, homelessness, or drug use. Governments have traditionally paid service providers on the basis of the number of clients they treat. The past decade has seen a number of Pay for Success (PFS) or results-based finance (RBF) programs, in which service providers are paid for their outcomes or results. For example, whereas a government agency contracting with a service provider to reduce recidivism among young men released from prison would traditionally have paid the service provider for the hours spent counseling a client, a PFS contract pays the organization for success in reducing the clients’ rate of recidivism from some baseline. This handbook is written for government officials considering the adoption of Pay For Success (PFS) programs and for students in public policy and business schools interested in studying outcomes-oriented government contracts for services. Part One introduces concepts necessary to develop and operate a service delivery program and then surveys some of the issues specific to PFS. Part Two presents two detailed case studies and a number of shorter descriptions of PFS programs. Part Three focuses on the components of PFS programs; it also discusses barriers to their development and ways of overcoming them. An editable file (docx) is also available.
Nguồn ngoài
Business Law I Essentials
Mirande Valbrune; Renee De Assis; Suzanne Cardell · OpenStax · 2026
Business Law I Essentials 2e is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials 2e may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Nguồn ngoài
Law 101: Fundamentals of the Law
Michael Martella · Open SUNY · 2018
Law 101: Fundamentals of Law, New York and Federal Law is an attempt to provide basic legal concepts of the law to undergraduates in easily understood plain English. Each chapter covers a different area of the law. Areas of law were selected based on what legal matters undergraduates may typically encounter in their daily lives. The textbook is introductory by nature and not meant as a legal treatise.Facebook
Nguồn ngoài
The Law of Trusts
Browne Lewis · CALI's eLangdell® Press · 2013
The use of testamentary trusts is becoming an important part of estate planning. As a result, students who want to make a living as probate attorneys will need to know how trusts fit into estate planning. In addition, bar examiners realize that it is important for students to have a basic knowledge of trust law. That realization will result in bar examination questions that test that knowledge. This book is designed for use as a supplementary text for a course on wills and trusts and the primary text in a seminar or course exploring the law of trusts.
Nguồn ngoài
Property
Christian Turner · CALI's eLangdell® Press · 2012
This is Volume 2 of a two volume set written for Property Law. From the Preface to Volume 1: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.
Nguồn ngoài
Property
Christian Turner · CALI's eLangdell® Press · 2012
This is Volume 1 of a two volume set written for Property Law. From the Preface: Property, as a vaguely defined collection of contract, tort, and criminal cases, does not take on the natural structure of a substantive area of the law through the systematic study of duty, breach, causation, defenses, and damages. Instead this textbook and most Property courses survey various topics in law with two goals in mind. First, we will study a number of traditional property topics, those where the issue of "ownership" and what that entails have long been thought to be a central issue. Second, but most importantly, our interdisciplinary study will introduce some of the major analytical techniques in law, from reasoning using precedent to law and economics to distributive justice. As we roam among topics, our goal is always, relentlessly to ask, "Why?" "Why should the law protect this party's interest?" These major techniques that we will pick up along the way will help us provide better and better answers to this question.
Nguồn ngoài
Sales and Leases: A Problem-based Approach
Scott Burnham; Kristen Juras · CALI's eLangdell® Press · 2023
Sales and Leases is a coursebook for a 3-credit course in personal property sales and leases – the subject matter of UCC Articles 2 and 2A. Adjustments could be made for other credit allocations and chapters can be used on a stand-alone basis. The course is designed so that students both review the rules and principles they studied in their first-year course in Contracts and learn the rules that apply to the subset of contracts for the sale and lease of goods. Students taking this course should be well-prepared to solve legal problems in contracts and sales, and should be well-prepared for those parts of the bar exam as well. While the course in Contracts focuses on the rules of common-law contracts, the focus of this course is the rules found in legislation. Therefore, instead of emphasizing case analysis, the book contains a good deal of narrative that assists students in working through the complexity of the statutes. Students will need to supplement the book with a complete copy of the UCC that includes the Official Comments. Discussion of other statutes, such as UETA and Magnuson-Moss, is incorporated where appropriate. The approach is problem-based, which we believe is more appropriate for an upper-division course based primarily on statutes. The narrative is interspersed with problems for class discussion that require students to apply the principles and rules to particular fact situations. Many times there is an issue of interpretation or policy in the Code, however, and therefore each chapter also contains at least one case that explores an issue arising under the statute.
Nguồn ngoài
Contract Doctrine, Theory & Practice
J.H. Verkerke · CALI's eLangdell® Press · 2012
This is Volume 3 in a three volume series written for Contracts Law. Its former title is "Collaborative Teaching Materials for Contracts." The first semester of law school is mostly about learning to speak a new legal language (but emphatically not “legalese”), to formulate and evaluate legal arguments, to become comfortable with the distinctive style of legal analysis. We could teach these skills using almost any legal topic. But we begin the first-year curriculum with subjects that pervade the entire field of law. Contract principles have a long history and they form a significant part of the way that lawyers think about many legal problems. As you will discover when you study insurance law, employment law, family law, and dozens of other practice areas, your knowledge of contract doctrine and theory will be invaluable.
Nguồn ngoài
Construction Contracting: Business and Legal Principles, Second Edition
Stewart Bartholomew · Virginia Tech Libraries · 2002
This introduction to construction contracting as it applies to typical, every-day situations explains “theoretical” ideas in terms of what really happens in practice. It emphasizes the more common case law holdings and industry customs that help avoid troublesome legal issues during the completion of a project. Instructors reviewing or adopting this book are encouraged to register at https://bit.ly/interest_construction_contracting Any derivatives of this work must comply with the use and attribution requirements of the Creative Commons license, and include the following statement, “This material was previously published by Pearson Education, Inc.” Construction Contracting, 2nd edition is an "out of print," rights-reverted book for which the author's estate has given permission for digitization and release under a CC BY NC SA 4.0 license. It was previously published in 2002 by Pearson ISBN 1-13-091055-4. The copyright page has been edited and graphics redrawn. A new cover, dedication, acknowledgements, how to adopt this book, and author biography have been added, and the table of contents has been revised. As the book has been reformatted, the original back of the book index is not included.
Nguồn ngoài
Business Law, Ethics, and Sustainability
Andrew Hosmanek; Brendan Smith; Michael Dayton · OpenHawks OER · 2023
Business Law, Ethics, and Sustainability is a textbook for undergraduate law courses. It covers business law topics such as contracts, business organizations, employment law, and torts, as well as a general survey of American law. Additional topics include Constitutional law, civil rights, environmental law, criminal law, and litigation.
Nguồn ngoài
Government Regulation and the Legal Environment of Business
Don Mayer; Daniel Warner; George Siedel; Jethro Lieberman · Saylor Foundation · 2012
Mayer, Warner, Siedel and Lieberman's Government Regulation and the Legal Environment of Business is an up-to-date textbook that covers legal issues that students must understand in today's highly regulated business environment. The text is organized to permit instructors to tailor the materials to their particular approach. The authors take special care to engage students by relating law to everyday events with their clear, concise and readable style. After introductory chapters covering the legal environment of business, Government Regulation and the Legal Environment of Business provides students with context and essential legal concepts relating to contracts, consumer credit transactions, bankruptcy, intellectual property, securities regulation, regulation of real estate, antitrust, unfair trade practices, employment law and labor relations. The text provides the vocabulary and legal savvy they will need to talk in an educated way to customers, suppliers, employees, creditors, shareholders, government regulators and other stakeholders — and to their own lawyers.