Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contract Law - 4th Edition - Scott J. Burnham

Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contract Law 4th Edition Scott J. Burnham ISBN 9780769848976

Drafting and Analyzing Contracts (titled Drafting Contracts in its first two editions) is organized into three main parts. Part I aligns with the core topics typically covered in a first-year Contracts course. Part II focuses on developing practical contract-drafting skills. Part III teaches students how to read and analyze contracts effectively.

The book’s primary objective is to apply foundational principles of contract law to the drafting of agreements. Each chapter examines substantive contract doctrine in a drafting context and proposes sample language to achieve specific legal objectives. Through this approach, the book uses drafting to illustrate contract law principles, demonstrate their application in planning and problem-solving, and develop essential lawyering skills.

Part I: How the Principles of Contract Law Are Exemplified in Drafting consists of fourteen chapters that clarify key areas of substantive law. For example, one chapter explores the risks of contractual ambiguity and methods for resolving it, while another demonstrates how drafters can use conditions to achieve precise outcomes. This section serves as an effective supplement to a first-year Contracts course.

Part II: How the Principles of Drafting Are Exemplified in Contracts introduces core drafting techniques, including drafting in plain language and drafting with the use of technology. This section reinforces substantive legal principles and is especially well suited for upper-level courses focused on contract drafting.

Part III: How to Read and Analyze a Contract addresses situations in which lawyers must work with existing forms or model agreements rather than draft from scratch. It emphasizes the importance of careful contract review before revision or client explanation. By following the book’s structured “five-pass” method for reading contracts, students can strengthen and refine their analytical skills.

A comprehensive Teacher’s Manual, available exclusively to instructors, offers detailed teaching guidance, commentary on each section of the book, solutions to all problems, additional exercises, and an annotated bibliography.

Drafting and Analyzing Contracts: A Guide to the Practical Application of the Principles of Contract Law 4th Edition Scott J. Burnham ISBN 9780769848976, 978-0769848976 & 9780769896694

Author
Scott J. Burnham