Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contract Law

by Scott J. Burnham

Drafting and Analyzing Contracts (called Drafting Contracts in its first two editions) has three major Part I is organized around the topics that are studied in the first year Contracts course. Part II teaches the skills of contract drafting. Part III teaches how to read a contract. 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 Part I (How the Principles of Contract Law are Exemplified in Drafting) contains 14 chapters that illuminate the substantive law. For 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 concept of conditions to accomplish their goals. This Part is particularly useful to supplement the first-year Contracts class. Part II (How the Principles of Drafting are Exemplified in Contracts) teaches techniques for contract drafting, including Drafting in Plain Language and Drafting with a Computer. This Part reinforces the substantive law and is particularly useful for upper-division classes that teach drafting. Part III (How to Read and Analyze a Contract) shows how attorneys rely on forms and models where there is no opportunity for drafting. Therefore, attorneys must first read a contract before re-drafting it 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.

Genres: Business

402 pages, Paperback

First published January 1, 1993

Reviews

[Reps and Indemnities · Rating 3 out of 5]

Pros: It does a good job explaining how the legal theories of contract law apply in practice, filling the gap of what a typical contract law textbook fails to accomplish. Plus, the exercise questions at the end of each chapter can help readers to reinforce their learning through practice.

Cons: The book does not go deep into explaining how a contract works in practice. Therefore, the book is more suitable for a first-year law student. A practitioner is unlikely to take much away from reading this book.