Guide · Business
Contracts: A Comprehensive Guide to Formation, Interpretation, Breach, Defenses, and Remedies
9 U.S.C. § 2
- Type
- Guide
- Jurisdiction
- National
- Date
- 2024-06-21
- Topic
- Business
This guide covers contract law from negotiation through remedy, for people drafting agreements and for people enforcing or defending them. It sets out formation — offer, acceptance, and consideration — and the ways each fails, including the battle of the forms under Article 2. It covers the statute of frauds, electronic signatures, and the parol evidence rule that makes the written document displace the negotiation. It distinguishes promises, conditions, and warranties, and explains material breach, cure, and anticipatory repudiation. It surveys the defenses that succeed and the excuses that do not, including impracticability and force majeure. It treats damages in operational detail — expectation, consequential, reliance, restitution, liquidated — with the limits of foreseeability, certainty, and mitigation. Drafting guidance, the federal overlay, and a reference section close it out.
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