Contract Enforcement-Specific Performance and Injunctions

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Use the power of the courts to your advantage to grant equitable, non-monetary relief in contract enforcement when you follow the incomparable guidance of Yorio and Thel. With current, detailed information for today's practitioner, Contract Enforcement covers every aspect of the availability and inherent limitations of equitable remedies in such contract areas as: Real estate Sale of goods Intangible personality Construction contracts Covenants not to compete Wills and other property agreements Employment agreements Franchise agreements International tradeYou will find in-depth analysis of the policies that underlie contract remedies, as well as clear explanations of the practical consequences of those policies in contract litigation. The effect on availability of equitable relief of such factors as: Right to a jury trial Legal limits on contract damages Disgorgement of profits And agreed remedies are also examined Throughout the book, you'll find concise analysis of all significant specific performance cases, legislation, and commentary. Table of Contents Part A: Introduction to Law Chapter 1. Rules and Policies Chapter 2. Sources of Law Chapter 3. Case Analysis and Case Briefs Chapter 4. Precedent and Stare Decisis Part B: Basic Concepts of Legal Method Chapter 5. Understanding Legal Rules Chapter 6. Identifying and Selecting Issues for Analysis Chapter 7. Common Law Analysis Chapter 8. Statutory Analysis Part I: General Principles of Equitable Relief 1. Overview of Contract Remedies 2. The Adequacy Test 3. Practical Limitations 4. Equitable Defenses - An Overview 5. Equitable Defenses - In Particular 6. Mutuality of Remedy 7. Insolvency Part II: Relationship Between Legal and Equitable Relief 8. Limitations on Damages 9. Monetary Adjustments Part III: Survey of Particular Contracts 10. Real Estate 11. The Sales of Goods 12. Intangible Personality 13. Construction Contracts 14. Employment Contracts 15. Other Service Contracts 16. Covenants Not to Complete and Exclusive Dealing Contracts 17. Contracts to Pay Money 18. Wills and Other Property Settlements Part IV: Agreed Remedies 19. Contractual Provisions for Specifics Relief 20. Contractual Restrictions on Specific Relief Part V: Procedure 21. The Right to a Jury Trial 22. Choice of Remedy in Federal Diversity Cases Part VI: Theory and Comparative Law23. The Case Against Specific Performances 24. Specific Performances in Civil Law Systems Table of Cases Table of Provisions from Restatement (second) of Contracts Table of Uniform Commercial Code Provisions Table of Amended Uniform Commercial Code Provisions