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CONTRACTS

FIFTH EDITION

STEVEN L. EMANUEL

Founder and Editor-in-Chief, the CrunchTime series,

Emanuel Law Outlines, and Emanuel Bar Review

Harvard Law School, J.D. 1976

Member, NY, CT, MD and VA bars

The CrunchTime® Series

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Copyright © 2012 CCH Incorporated.

Published by Wolters Kluwer Law & Business in New York.

Wolters Kluwer Law & Business serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. (www.wolterskluwerlb.com)

No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.wolterskluwerlb.com, or a written request may be faxed to our permissions department at 212-771-0803.

To contact Customer Service, e-mail [email protected], call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to:

Wolters Kluwer Law & Business

Attn: Order Department

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Frederick, MD 21705

Printed in the United States of America.

1 2 3 4 5 6 7 8 9 0

ISBN 978-1-4548-0918-0

Library of Congress Cataloging-in-Publication Data

Emanuel, Steven. Contracts / Steven L. Emanuel. -- 5th ed.

p. cm. -- (The CrunchTime series)Includes index.

ISBN 978-1-4548-0918-0

1. Contracts--United States--Outlines, syllabi, etc. I. Title.

KF801.Z9E563 2012

346.7302--dc23

2012018967

This book is intended as a general review of a legal subject. It is not intended as a source of advice for the solution of legal matters or problems. For advice on legal matters, the reader should consult an attorney.

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TABLE OF CONTENTS

PREFACE

FLOWCHARTS

CAPSULE SUMMARY

EXAM TIPS

SHORT-ANSWER QUESTIONS

ANSWERS TO SHORT-ANSWER QUESTIONS

MULTIPLE-CHOICE QUESTIONS

ANSWERS TO MULTIPLE-CHOICE QUESTIONS

ESSAY QUESTIONS AND ANSWERS

SUBJECT MATTER INDEX

Preface

Thank you for buying this book.

The CrunchTime Series is intended for people who want Emanuel quality, but don’t have the time or money to buy and use the full-length Emanuel Law Out-line on a subject. We’ve designed the Series to be used in the last few weeks (or even less) before your final exams.

This book includes the following features, most of which have been extracted from the corresponding Emanuel Law Outline:

  • Flowcharts — We’ve reduced most principles of Contract law to a series of 16 Flowcharts. We think these will be especially useful on open-book exams. The Flowcharts begin on p. 1.

  • Capsule Summary — This is a 113-page summary of the subject. We’ve carefully crafted it to cover the things you’re most likely to be asked on an exam. The Capsule Summary starts on p. 41.

  • Exam Tips — We’ve compiled these by reviewing dozens of essay and multiple-choice questions asked in past law-school and bar exams, and extracting the issues and “tricks” that surface most often on the exams. The Exam Tips start on p. 159.

  • Short-Answer questions — These questions are generally in a Yes/No format. In the case of the present Contracts volume, they’ve been adapted from the Law in a Flash flash-card deck on Contracts. (We’ve re-written most answers, to better mesh with the Emanuel Law Out-line’s approach.) The questions start on p. 227.

  • Multiple-Choice questions — These are in a Multistate-Bar-Exam style, and are taken from Strategies & Tactics for the Finz Multistate Method, which is also published by Wolters Kluwer Law & Business. They start on p. 283. Answers explaining why one answer option is correct and the others are not are provided.

  • Essay questions — These questions are actual ones asked on law school exams. They start on p. 309. Sample answers are provided.

We hope you find this book helpful and instructive. Good luck.

Steve Emanuel

Larchmont, NY

May 2012

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