Abstract

http://ssrn.com/abstract=1776456
 


 



Contracts: Law in Action, Volume I: The Introductory Course – Introduction (Chapter 1)


Stewart Macaulay


University of Wisconsin Law School

Jean Braucher


University of Arizona - James E. Rogers College of Law

John A. Kidwell


University of Wisconsin Law School

William C. Whitford


University of Wisconsin Law School

March 3, 2011

CONTRACTS: LAW IN ACTION, VOLUME 1: THE INTRODUCTORY COURSE, LexisNexis, 2010
Arizona Legal Studies Discussion Paper No. 11-08

Abstract:     
The introduction to this first year casebook describes the history of contract law courses in America over the last hundred years as well as the central features of the law in action approach to the study of contracts. The law in action approach questions overemphasis on legal rules. Law students must learn contract doctrine as one tool, but this is just the beginning of what they need to know. Lawyers in practice are more likely to play an advisory role in the planning and adjustment of contractual relationships than they are to litigate fine points of doctrine. Legal rights typically serve as but a vague bargaining entitlement, with considerations about maintaining valuable relationships and reputation often more important. Lawyers must learn to understand the business context of their clients’ deals. The law in action approach introduces students to the practical issues that lawyers face. It also examines the gap between the announced purposes of legal rules and their impact and the ways in which business norms and other imperatives can be more powerful “law” than law on the books.

Number of Pages in PDF File: 32

Keywords: contracts, law in action, relational, law and society, casebook

JEL Classification: K12, K2

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Date posted: March 7, 2011  

Suggested Citation

Macaulay, Stewart and Braucher, Jean and Kidwell, John A. and Whitford, William C., Contracts: Law in Action, Volume I: The Introductory Course – Introduction (Chapter 1) (March 3, 2011). CONTRACTS: LAW IN ACTION, VOLUME 1: THE INTRODUCTORY COURSE, LexisNexis, 2010; Arizona Legal Studies Discussion Paper No. 11-08. Available at SSRN: http://ssrn.com/abstract=1776456

Contact Information

Stewart Macaulay
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
Jean Braucher (Contact Author)
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
John A. Kidwell
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
William C. Whitford
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
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