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Scott J. Burnham - Contract Law For Dummies

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Scott J. Burnham Contract Law For Dummies
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Contract Law For Dummies by Scott J Burnham with Joe Kraynak Contract Law - photo 1

Contract Law For Dummies

by Scott J. Burnham with Joe Kraynak

Contract Law For Dummies Published by John Wiley Sons Inc 111 River St - photo 2

Contract Law For Dummies

Published by
John Wiley & Sons, Inc.
111 River St.
Hoboken, NJ 07030-5774

www.wiley.com

Copyright 2012 by John Wiley & Sons, Inc., Hoboken, New Jersey

Published simultaneously in Canada

No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under Sections 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of the Publisher. Requests to the Publisher for permission should be addressed to the Permissions Department, John Wiley & Sons, Inc., 111 River Street, Hoboken, NJ 07030, (201) 748-6011, fax (201) 748-6008, or online at http://www.wiley.com/go/permissions.

Trademarks: Wiley, the Wiley logo, For Dummies, the Dummies Man logo, A Reference for the Rest of Us!, The Dummies Way, Dummies Daily, The Fun and Easy Way, Dummies.com, Making Everything Easier, and related trade dress are trademarks or registered trademarks of John Wiley & Sons, Inc., and/or its affiliates in the United States and other countries, and may not be used without written permission. All other trademarks are the property of their respective owners. John Wiley & Sons, Inc., is not associated with any product or vendor mentioned in this book.

LIMIT OF LIABILITY/DISCLAIMER OF WARRANTY: THE PUBLISHER AND THE AUTHOR MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CONTENTS OF THIS WORK AND SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY MAY BE CREATED OR EXTENDED BY SALES OR PROMOTIONAL MATERIALS. THE ADVICE AND STRATEGIES CONTAINED HEREIN MAY NOT BE SUITABLE FOR EVERY SITUATION. THIS WORK IS SOLD WITH THE UNDERSTANDING THAT THE PUBLISHER IS NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICES. IF PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL PERSON SHOULD BE SOUGHT. NEITHER THE PUBLISHER NOR THE AUTHOR SHALL BE LIABLE FOR DAMAGES ARISING HEREFROM. THE FACT THAT AN ORGANIZATION OR WEBSITE IS REFERRED TO IN THIS WORK AS A CITATION AND/OR A POTENTIAL SOURCE OF FURTHER INFORMATION DOES NOT MEAN THAT THE AUTHOR OR THE PUBLISHER ENDORSES THE INFORMATION THE ORGANIZATION OR WEBSITE MAY PROVIDE OR RECOMMENDATIONS IT MAY MAKE. FURTHER, READERS SHOULD BE AWARE THAT INTERNET WEBSITES LISTED IN THIS WORK MAY HAVE CHANGED OR DISAPPEARED BETWEEN WHEN THIS WORK WAS WRITTEN AND WHEN IT IS READ.

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For technical support, please visit www.wiley.com/techsupport.

Wiley publishes in a variety of print and electronic formats and by print-on-demand. Some material included with standard print versions of this book may not be included in e-books or in print-on-demand. If this book refers to media such as a CD or DVD that is not included in the version you purchased, you may download this material at http://booksupport.wiley.com. For more information about Wiley products, visit www.wiley.com.

Library of Congress Control Number: 2011941728

ISBN 978-1-118-09273-6 (pbk); ISBN 978-1-118-19555-0 (ebk); ISBN 978-1-118-19544-4 (ebk); ISBN 978-1-118-19547-5 (ebk)

Manufactured in the United States of America

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About the Author

Scott J. Burnham, a graduate of New York University School of Law, is the Curley Professor of Commercial Law at Gonzaga University School of Law in Spokane, Washington. For 30 years, he has taught Contracts at law schools throughout the U.S. and internationally. As a practicing lawyer and consultant on contract matters, he has a good sense of the practical application of contracts principles, and as a prolific writer on legal topics, he has the ability to convey those principles with clarity.

Dedication

To everyone who studies contract law may you grow to love her as much as I do!

Authors Acknowledgments

Thanks to acquisitions editors Michael Lewis and David Lutton, who chose me to author this book and ironed out all the preliminary details to make it possible, and to Larry Garvin, who recommended me for the gig.

Elizabeth Rea, my project editor, deserves a loud cheer for serving as a gifted and patient collaborator and editor shuffling chapters back and forth, shepherding the text and graphics through production, making sure any technical issues were properly resolved, and serving as the unofficial quality control manager. Copy editor Danielle Voirol earns the editor of the year award for ferreting out my typos, misspellings, grammatical errors, and other language foe paws (or is it faux pas?), in addition to assisting Elizabeth as reader advocate. I also tip my hat to the Composition crew for doing such an outstanding job of transforming my text and graphics into such an attractive book. My deepest thanks go to wordsmith Joe Kraynak, who was able to successfully blend my knowledge of Contracts with his knowledge of writing.

Publishers Acknowledgments

Were proud of this book; please send us your comments at http://dummies.custhelp.com. For other comments, please contact our Customer Care Department within the U.S. at 877-762-2974, outside the U.S. at 317-572-3993, or fax 317-572-4002.

Some of the people who helped bring this book to market include the following:

Acquisitions, Editorial, and Vertical Websites

Project Editor: Elizabeth Rea

Acquisitions Editor: Michael Lewis

Senior Copy Editor: Danielle Voirol

Development Editor: Joe Kraynak

Assistant Editor: David Lutton

Editorial Program Coordinator: Joe Niesen

Technical Editors: James P. Nehf, Jeremy Telman

Editorial Manager: Michelle Hacker

Editorial Assistant: Alexa Koschier

Cover Photo: iStockphoto.com/Pali Rao

Cartoons: Rich Tennant (www.the5thwave.com)

Composition Services

Project Coordinator: Nikki Gee

Layout and Graphics: Joyce Haughey, Christin Swinford, Laura Westhuis

Proofreaders: Melissa Cossell, Bonnie Mikkelson

Indexer: Valerie Haynes Perry

Publishing and Editorial for Consumer Dummies

Kathleen Nebenhaus, Vice President and Executive Publisher

Kristin Ferguson-Wagstaffe, Product Development Director

Ensley Eikenburg, Associate Publisher, Travel

Kelly Regan, Editorial Director, Travel

Publishing for Technology Dummies

Andy Cummings, Vice President and Publisher

Composition Services

Debbie Stailey, Director of Composition Services

Introduction

In The Paper Chase, a TV series based on a 1973 movie about the adventures of first-year law students at Harvard, Professor Kingsfield, the Contracts professor, tells his students the following:

The study of law is something new and unfamiliar to most of you, unlike any other schooling you have ever known before. You teach yourselves the law, but I train your minds. You come in here with a skull full of mush, and, if you survive, you leave thinking like a lawyer.

Getting you to think like a lawyer is the goal of law school, but reaching that goal can seem more arduous than it has to be. When you take the course called Contracts, for example, youll probably find that youre mostly reading cases, and you never see a contract.

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