The Elements of Contract Drafting

George W. Kuney, University of Tennessee College of Law

Brian J. Krumm, University of Tennessee College of Law

Philip Swan, University of Tennessee College of Law

CasebookPlus™

This title is available in our CasebookPlus format. CasebookPlus provides support beyond your classroom lectures and materials by offering additional digital resources to you and your students. Anchored by faculty-authored formative self-assessments keyed to our most popular casebooks, CasebookPlus allows students to test their understanding of core concepts as they are learning them in class — on their own, outside of the classroom, with no extra work on your part. CasebookPlus combines three important elements:

• A new print or digital casebook
• Access to a downloadable eBook with the ability to highlight and add notes
• 12-month access to a digital Learning Library complete with:

Multiple-choice self-assessment questions, including:

• Chapter questions keyed to the casebook
• Black Letter Law questions (available in select subjects)
• Subject area review questions for end of semester use

Essay and short answer questions with sample answers and expert commentary, in 1L and select upper-level subjects

Leading digital study aids, an outline starter, and audio lectures in select subjects

Students can still utilize CasebookPlus digital resources if they've purchased a used book or are renting their text by purchasing the Learning Library at westacademic.com.

With CasebookPlus, you can customize your students' learning experience and monitor their performance. The quiz editor allows you to create your own custom quiz set, suppress specific quiz questions or quiz sets, and time-release quiz questions. Additionally, the flexible, customized reporting capability helps you evaluate your students' understanding of the material and can also help your school demonstrate compliance with the new ABA Assessment and Learning Outcomes standards.

New to this edition is a forward-looking discussion of the responsible use of artificial intelligence in contract drafting. It addresses key ethical considerations such as competence, confidentiality, supervision, and professional judgment, and provides practical guidance on integrating AI tools into legal workflows while maintaining client trust and compliance with professional standards.

The new edition also emphasizes that contracts are negotiated as much as they are written. It explores how drafting choices influence bargaining power, how to account for counterpart incentives, and how strategic concessions can improve enforceability and long-term outcomes. Drafting is presented as a dynamic process shaped by preparation, clarity, and negotiation strategy.

It also offers an expanded discussion of indemnification which is one of the most important and frequently disputed contract provisions. The book offers a clear framework for drafting indemnity clauses, covering third-party claims, direct losses, defense obligations, liability caps, and insurance coordination. It helps readers move beyond boilerplate language to create provisions that reflect real business risks and deal objectives.

Learn more about this series.