MN CONTRACTS DESKBOOK - LINKEDLAW
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ITEM #:  60096400   |   PUBLISHED:  JUNE 3, 2016
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Minnesota Contracts Deskbook, 3rd Edition

Edited by Judge William C. Fisher

With the Third Edition, Editor Judge William C. Fisher and the authors have taken Minnesota’s best contracts desk reference and made it even better. The Minnesota Contracts Deskbook is jam-packed with 18 informational chapters including Remedies for Breach, Contracts for Cloud Based Services and Contracts in Bankruptcy. Twenty-eight dedicated authors researched and drafted chapters in areas where they are the expert. Their many years of experience working with contract issues gives them special insight into what Minnesota lawyers need to know about contract issues and remedies to best serve their clients. You will find an objective analysis of the law that strikes a balance between plaintiff and defense perspectives. The Deskbook chapters also include numerous practice tips and ethics commentary that go beyond the law to share real-world expert advice. Reading these tips is like having these professionals in the room with you, answering your questions, and guiding you through the tough contractual scenarios in your case.

The Minnesota Contracts Deskbook is your one-stop resource for researching and understanding the all aspects of a contract. No matter what your level of legal expertise, all lawyers will benefit from a greater understanding of the current state of contract law and unresolved issues in contract law. The Minnesota Contracts Deskbook will be your authoritative source for resolving the toughest contractual issues in your practice. Whether you are writing a brief or preparing for trial, this Deskbook is your go-to reference for understanding contractual issues.

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CHAPTER 1
Elements Of A Contract
Introduction And Scope Of Chapter; Definition Of A Contract; Offer And Acceptance; The Objective Theory Of Contract Formation; Consideration; Contract Formation In The Ruins: The Battle Of The Forms
– Arleen A. Nand

CHAPTER 2
Types Of Contracts
Introduction And Scope Of Chapter; Initial Creation Or Expression; Parties
– Elizabeth H. Kiernat

CHAPTER 3
Contract Drafting Strategy And Style
Introduction And Scope Of Chapter; The Importance Of Contracts – A Fundamental Part Of Business In The Modern World; Develop A Plan – The Importance Of Preparation And Process; Common Challenges Affecting Contract Projects And Dealing With Them; Other Pre-Drafting Matters To Think About; Drafting The Contract
– James E. Snoxell

CHAPTER 4
Statute Of Frauds
The Statute Of Frauds – A Defense To Enforcement Of Certain Contracts; Reasons For The Writing Requirement; Contracts Subject To The Writing Requirement; Generally Required Elements Of The Writing; Failure To Comply With The Statute Of Frauds; Limitations On The Statute Of Frauds Defense; Review Of Agreements Subject To The Statute Of Frauds In Minnesota
– Roy J. Christensen & Jacob K. Stonesifer

CHAPTER 5
Capacity Of Parties
Introduction And Scope Of Chapter; Age; Competence; Other Capacity Issues
– Emily Ambrose

CHAPTER 6
Illegality
Introduction And Scope Of Chapter; Contracts Deemed Against Public Policy, Against Statutory Law, Or Immoral; Contracts In Restraint Of Competition And Trade; Application Of Substantive Laws In And To Contracts; Illegality As A Defense
– Leslie H. Novak & Paul S. Almen

CHAPTER 7
Problems In Formation
Introduction And Scope Of Chapter; Mistake; Misrepresentation; Duress; Undue Influence; Waiver And Ratification
– Carrie L. Zochert

CHAPTER 8
Assignment And Delegation
Introduction And Scope Of Chapter; Assignments; Delegation
– Kip R. Peterson

CHAPTER 9
Contract Conditions, Performance, And Types Of Breach
Introduction And Scope Of Chapter; Conditions; Contractual Performance; Breach And Repudiation
– Kevin S. Sandstrom, Amanda E. Prutzman & Katie A. Kranz

CHAPTER 10
Impossibility And Frustration Of Performance
Introduction And Scope Of Chapter; Doctrine Of Impossibility In Minnesota; Specific Judicial Applications Of The Doctrine Of Impossibility; Doctrine Of Frustration Of Purpose In Minnesota; Commercial Impracticability: The Uniform Commercial Code Revisions To The Common Law Doctrine Of Impossibility; Procedure; Remedies
– Brett M. Larson

CHAPTER 11
Remedies For Breach
Introduction And Scope Of Chapter; Election Of Remedies; Damages; Specific Performance; Injunction; Rescission And Restitution; Reformation
– S. Jamal Faleel & Jordan L. Sing

CHAPTER 12
Choice Of Law
Introduction And Scope Of Chapter; The Current Nature Of The Choice Of Law Issue; Express Choice Of Law By The Parties; No Express Choice Of Law By The Parties; Restatement (Second) Of Conflicts Of Law Approach To Choice Of Law Issues; Particular Contractual Issues Under Minnesota Law
– Mark E. Utz, Chris W. Wendland & Craig W. Wendland

CHAPTER 13
Interpretation And Construction Of Contracts
Introduction And Scope Of Chapter; Clear And Unambiguous Contracts; Determination Of Existence Of Ambiguity: Use Of Extrinsic Evidence; Contract Ambiguity: Rules Of Construction To Determine Intent; Implied Terms; Estoppel And Waiver; Statutory Guidance
– Eric R. Sherman

CHAPTER 14
Discharge Of Contracts
Introduction And Scope Of Chapter; Discharge Of Contract By Performance; Discharge Of A Contract By Payment; Discharge By Agreement Of Rescission; Discharge By Modification; Discharge By Release And Contract Not To Sue; Accord And Satisfaction, Substituted Contract, And Novation; Discharge By Impossibility And Frustration Of Purpose; Discharge By Assignment And Delegation; Discharge By Alteration; Discharge By Nonoccurrence Of A Condition
– Nathan J. Nelson

CHAPTER 15
UCC And Other Statutory Regulations Of Contracts
Introduction And Scope Of Chapter; Minnesota Statutes Regulating Contracts; Regulation Of Consumer Contracts; Miscellaneous Statutory Contract Regulations; Attorney’s Fees; Statute Of Frauds; Statute Of Limitations
– Martin S. Fallon & Kristian C.S. Weir

CHAPTER 16
Contracts In Bankruptcy
The Bankruptcy Context; Enforcing Contracts In Bankruptcy; Breach Of Contract Claims; Executory Contracts
– Phillip W. Bohl

CHAPTER 17
Anatomy Of A Contract
Introduction And Scope Of Chapter; Contract Introductory Provisions; Contract Operative Provisions; Contract Miscellaneous Provisions
– Sharon K. Freier & Susan E. Vandenberg 

CHAPTER 18
Contracts For SaaS And Cloud-Based Services
Introduction; Development Of The Cloud Model And Standards And Best Practices; Pre-Contracting Intake And Risk Assessment/Due Diligence; Legal Framework; Contract Drafting For Cloud Computing; Appendix A – Sample Checklist / Questionnaire For Vendor Security Issues
– Asmah Tareen & Carrie L. Rosenberry

Table Of Authorities
Subject Index

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