Corbin on Texas Contracts

ebook

By Timothy Murray

cover image of Corbin on Texas Contracts

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Corbin on Texas Contracts is a unique and indispensable resource for Texas attorneys. The treatise presents a comprehensive explanation of the law of contracts in Texas, supported by ample citations to, and discussions about, pertinent judicial authorities applying Texas law, as well as pertinent statutory law.

The treatise also highlights the ways that Texas law differs from the law of other states. This volume provides effective, efficient, accurate, and current analysis of the tenets of the law of Texas 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 Texas Contracts examines, along with a wide array of important topics, these key aspects of Texas law:

  • Texas is in the minority of jurisdictions in declining to imply the duty of good faith and fair dealing to all contracts. Texas applies the concept only to certain kinds of contracts, but not to contracts in general.
  • While there is a trend in the United States in favor of recognizing causes of action for breach of a contract to negotiate, Texas does not recognize the legal validity of agreements to negotiate in good faith.
  • Texas is among the states that indirectly eliminated seals by abolishing common-law distinctions between sealed and unsealed contracts.
  • In the battle of the forms, Texas is undecided on the "knockout" rule, which decides what happens to "different" boilerplate terms when contracts are formed by the exchange of forms.
  • Texas is among the states that refuse to enforce Mary Carter agreements because they are against public policy.
  • Although an oral promise to give land is generally unenforceable, there is an exception in Texas to the general rule. A valid parol gift of real estate can be established by showing a present gift; possession by the donee with the donor's consent; and permanent and valuable improvements by the donee.

    This volume provides effective, efficient, accurate, and current analysis of the tenets of the law of Texas contracts.

  • Corbin on Texas Contracts