Connecting Leadership to the Brain or Basic Contract Law for Paralegals

Connecting Leadership to the Brain

Author: Michael Haley Dickmann

"Finally a book that translates what we know about brain functioning into practical guidelines for leadership. Dickmann and Stanford-Blair present their substantial knowledge in a way that is both easy to understand and to apply to the practice of leadership. I recommend this book to leaders in a variety of situations."
Robert J. Marzano, Educational Consultant
Author of Designing a New Taxonomy of Educational Objectives

Explore the journey to mindfulness with this groundbreaking work on brain-based leadership!

Connecting Leadership to the Brain presents a framework aligning leadership with the ever-growing body of knowledge about neuroscience and human intelligence. This visionary guide invites school administrators, teachers, policymakers, and industry leaders to further their understanding of leadership, and fully embrace and embody the notion of becoming a mindful leader. It advances a new leadership paradigm by translating breakthrough research about six dimensions of human intelligence into practical strategies that can be immediately applied to how leaders influence growth and achievement.

The authors' unique look at leadership takes the reader through cutting-edge research, meaningful reflections, and information about the nature of intelligence. It builds upon the foundation and new developments in brain-compatible learning by advancing an exciting new application -- brain-compatible leadership.

Dickmann and Stanford-Blair outline a pathway to new perceptions about leadership, helping readers to construct their own answers to challenging questions that demonstrate the connection between leadership andthe brain.

Innovative highlights shared in this groundbreaking book include:

• Comprehensive definition and description of six aspects of intelligence
• Strategies for obtaining, filtering, and applying emerging findings from brain research
• Enlightening discussion about the relationship between information, perception, and behavior
• Exploration into the four components of mindful leadership and its far-reaching benefits
• Exercises for proactive reflection

About the Authors

Michael H. Dickmann and Nancy Stanford-Blair are Associate Professors at Cardinal Stritch University in Milwaukee, Wisconsin. In addition to teaching and advising research in masters and doctoral level studies of leadership, they are also international consultants and presenters on leadership, they are also international consultants and presenters on leadership, learning, and organizational planning and development for educators, businesses, and service organizations.

Books about: Dependency and Development in Latin America or Assembled in Japan

Basic Contract Law for Paralegals

Author: Jeffrey A Helewitz

This newly revised edition of the #1 best-selling contracts book for paralegals continues to provide the paralegal student with straightforward introduction to the law of contracts.

Table of Contents:

	Acknowledgments	xxi
	Introduction	xxiii
Chapter 1	Overview of Contracts	1
	Contract Defined	2
	Basic Contract Requirements	2
	Offer	2
	Acceptance	3
	Consideration	3
	Legality of Subject Matter	4
	Contractual Capacity	4
	Contractual Intent	5
	Classification of Contracts	6
	Type of Obligation: Bilateral or Unilateral	6
	Method of Creation: Express, Implied, or Quasi-Contracts	7
	Type of Form: Formal and Informal Contracts	9
	Timing: Executory and Executed Contracts	10
	Enforceability: Valid, Void, Voidable, and Unenforceable	11
	Cases for Analysis	17
	Villareal v. Art Institute of Houston, Inc.	17
	Questions	22
	Magill v. Nelbro Packing Co.	23
	Questions	26
	Suggested Case References	27
Chapter 2	Offer	29
	Offer Defined	30
	Present Contractual Intent	31
	Communication to the Offeree	31
	Certainty and Definiteness in the Terms of the Offer	33
	Essential Terms of an Offer	33
	Price	34
	Subject Matter	35
	Parties	38
	Time of Performance	39
	Two Related Concepts	40
	Cases for Analysis	44
	G.B. "Boots" Smith Corp. v. Cobb	44
	Questions	47
	Phil Watkins, P.C. v. The Krist Law Firm, P.C.	47
	Questions	52
	Suggested Case References	52
Chapter 3	Acceptance	55
	Acceptance Defined	56
	Varying the Terms of the Offer	56
	Silence as Acceptance	58
	Who May Accept	59
	Method of Acceptance	60
	Acceptance of a Bilateral Contract	60
	Mailbox Rule	61
	Rejection of a Bilateral Contract	62
	Rejection and the Mailbox Rule	62
	Acceptance of a Unilateral Contract	63
	Termination of the Ability to Accept	64
	Revocation of Bilateral Contracts	65
	Revocation of Unilateral Contracts	66
	Termination by Operation of Law	67
	Effect of Termination of Offer	68
	Cases for Analysis	71
	Speedy Ketcherside v. McLane	71
	Questions	75
	Cook's Pest Control, Inc. v. Rebar	75
	Questions	82
	Suggested Case References	82
Chapter 4	Consideration	83
	Consideration Defined	84
	Benefit Conferred	85
	Detriment Incurred	85
	What Is Not Consideration	85
	Sufficiency of the Consideration	89
	Promissory Estoppel	90
	Special Agreements	92
	Accord and Satisfaction	92
	Charitable Subscription	93
	Debtor's Promises	93
	Guarantees	94
	Formal Contracts	95
	Cases for Analysis	99
	Kisicki v. Mid-America Financial Investment Corp.	99
	Questions	108
	Davis v. McCurry	108
	Questions	111
	Suggested Case References	112
Chapter 5	Legality of Subject Matter and Contractual Capacity	113
	Legality of the Subject Matter	114
	Malum in Se	114
	Malum Prohibitum	115
	Contractual Capacity	117
	Age	118
	Mental Capacity	119
	Alcohol and Drugs	119
	Cases for Analysis	122
	Rawlings v. The John Hancock Mutual Life Ins. Co.	122
	Questions	129
	Bandal v. Baldwin	130
	Questions	132
	Suggested Case References	133
Chapter 6	Contractual Intent	135
	Contractual Intent Defined	136
	Fraud and Misrepresentation	136
	Duress	138
	Mistake	141
	Cases for Analysis	145
	Lancaster v. Lancaster	145
	Questions	150
	LaFournaise v. Montana Developmental Center	150
	Questions	153
	Suggested Case References	154
Chapter 7	Contract Provisions	155
	The Statute of Frauds	156
	Contracts for an Interest in Real Estate	157
	Contracts in Consideration of Marriage	158
	Contracts Not to Be Performed Within One Year	159
	Guarantees	160
	Contracts for the Sale of Goods	160
	Executor's Promise to Pay Decedent's Debts	161
	What the Statute of Frauds Is Not	161
	Covenants	162
	Conditions	162
	Conditions Precedent	163
	Conditions Subsequent	164
	Conditions Concurrent	164
	Express Conditions	165
	Implied-in-Fact Conditions	165
	Implied-in-Law Conditions	166
	Court Doctrines: Rules of Construction and the Parol Evidence Rule	166
	Cases for Analysis	172
	Sagrino v. SCI Connecticut Funeral Services, Inc.	172
	Questions	180
	The Catholic Charities of the Archdiocese of Chicago v. Thorpe	180
	Questions	187
	Suggested Case References	187
Chapter 8	The Uniform Commercial Code	189
	General Background	190
Article I	General Provisions	191
	Basic Guidelines	191
	Law of the State Applies	191
	Parties May Agree to Vary UCC Provisions	191
	UCC Provisions Are to Be Liberally Construed	192
	Obligations Imposed by Article I	192
Article II	Sales	194
	General Background	194
	Types of Contracts Covered by Article II	194
	Goods	194
	Leases	196
	Contracts for the Sale of Goods Between Merchants	196
	Contractual Provisions	198
	Warranties	198
	Risk of Loss	200
	Remedies	203
	Remedies Available to Seller	203
	Remedies Available to Buyer	204
	Written Assurances	205
	Summary	205
Article II-A	Leases	206
Article IX	Secured Transactions	207
	Secured Transaction Defined	207
	Requirements to Create a Security Interest	208
	Priorities	211
	Cases for Analysis	217
	In re Hoskins	217
	Questions	225
	Hergert v. Bank of the West	225
	Questions	234
	Suggested Case References	235
Chapter 9	Third Party Contracts	237
	Third Party Beneficiary Contracts: Generally	238
	Third Party Creditor Beneficiary Contracts	240
	Third Party Donee Beneficiary Contracts	243
	Assignment	246
	Creating the Assignment	246
	Consent of the Promisor	248
	Effect of Assignment	249
	Multiple Assignees	251
	Delegation	252
	Cases for Analysis	257
	Kinback Corp. v. Quaker Construction Management, Inc.	257
	Questions	262
	Imperial Hotels Corp. v. Dore	262
	Questions	271
	Suggested Case References	271
Chapter 10	Discharge of Obligations	273
	Methods of Discharge	274
	Excuse of Conditions	274
	Performance	278
	Breach of Contract	279
	Agreement of the Parties	281
	Impossibility of Performance	283
	Supervening Illegality	284
	Death of the Parties or Destruction of the Subject Matter	284
	Frustration of Purpose	285
	Cases for Analysis	289
	OWBR LLC, d/b/a Outrigger Wailea Resort v. Clear Channel Communications, Inc.	289
	Questions	298
	Werner v. Ashcraft Bloomquist, Inc.	298
	Questions	301
	Suggested Case References	301
Chapter 11	Remedies	303
	Legal Remedies	304
	Compensatory Damages	304
	Punitive Damages	306
	Consequential Damages	306
	Liquidated Damages	307
	Equitable Remedies	309
	Injunction	310
	Specific Performance	310
	Rescission and Restitution	311
	Reformation	312
	Quasi-contractual Remedies	312
	Quantum Meruit	312
	Quantum Valebant	313
	Waivers and Their Effect	313
	Arbitration Provisions	314
	Cases for Analysis	318
	Morabito v. Harris	318
	Questions	322
	State Farm Mut. Automobile Ins. Co. v. Kastner	322
	Questions	333
	Suggested Case References	333
Chapter 12	Drafting Simple Contracts	335
	Checklist of Clauses	336
	Description of the Parties	337
	Description of the Consideration	337
	Security Agreement	340
	Warranties	340
	Title	341
	Risk of Loss	341
	Waivers	342
	Assignments	342
	Delegation	343
	Terminology	343
	Special Provisions and Clauses	343
	Covenant Not to Compete	344
	Duties	344
	Pronouns	344
	Severability	344
	Successors	344
	Time of the Essence	344
	Trade Secrets	344
	Work Product	344
	Duration and Termination	345
	Notice of Default	345
	Remedies	346
	Choice of Law	346
	Arbitration	347
	Submission to Jurisdiction	347
	Signatures	347
	Cases for Analysis	350
	Walsh v. Nelson	350
	Questions	355
	American Express Travel Related Services, Inc. v. Weppler	356
	Questions	357
Appendix A	Sample Contracts	359
	Antenuptial Agreement (Simple Form)	360
	Consulting Agreement	361
	Employment Contract (Simple Form)	363
	Employment Contract	365
	Equipment Lease Agreement	370
	General Partnership Agreement (Simple Form)	375
	Limited Partnership Agreement	377
	Real Estate Lease	396
	Retainer Agreement	397
	Shareholders Agreement	404
	Subscription Agreement (Limited Partnership)	412
	Work for Hire Agreement	416
Appendix B	Supplemental Cases	419
	Don King Productions, Inc. v. Douglas	419
	Matter of Baby M	424
	Hong v. Marriott Corp.	435
	In re Peregrine Entertainment, Ltd.	439
	Glossary	449
	Index	457