Corbin on California Contracts

ebook Volume 1 · Corbin on California Contracts

By Timothy Murray

cover image of Corbin on California Contracts

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Corbin on California Contracts presents a comprehensive explanation of the law of contracts in California, supported by ample citations to, and discussions about, pertinent judicial authorities applying California law, as well as pertinent statutory law.

California is "the most important of the states with a civil code"—it differs from most other states in that resolving a contract law dispute must start by consulting California's statutory law.

The treatise also highlights other ways that California law differs from the law of other states. This two-volume set provides effective, efficient, accurate, and current analysis of all the tenets of the law of California contracts. It is written so that the user can easily reference the multi-volume Corbin on Contracts treatise, the authoritative legal treatise relied on by courts in resolving contract disputes.

Corbin on California Contracts examines, along with a wide array of important topics, these key aspects of California law:

  • California does not adhere to a strict "plain meaning rule" when interpreting contracts; extrinsic evidence is admitted to determine whether the contract is ambiguous.
  • California is among a handful of states that have outlawed restrictive employment covenants; in addition, it strictly construes restrictive covenants in the sale of business and partnership interests.
  • Courts interpreting California law part with the majority Seventh Circuit rule and hold that arbitration provisions provided to consumers in "pay-now, terms-later" contracts should be enforced only if the transaction puts the purchaser on inquiry notice of the contract terms.
  • California parts with the majority rule in not recognizing the "knockout" view for the "battle of the forms" under U.C.C. § 2-207; instead, it treats "different" terms the same as "additional" terms.
  • California, contrary to many states, holds that the exercise of options is governed by the mailbox rule.
  • California is in the minority in holding that the law selected in a choice of law provision—not the law of the forum—should be applied to determine the scope of the choice of law clause.
  • California, unlike some states, recognizes the more expansive concept of impracticability, not merely strict impossibility.
  • Courts applying California law have played a leading role in establishing the modern law governing the enforcement of internet contracts that hyperlink to terms of use.
  • Corbin on California Contracts