Twenty Years in the Making: Smith Anderson Attorney Scott Miskimon Publishes New Edition of Treatise on North Carolina Contract Law

Two decades after the publication of North Carolina Contract Law, the highly-esteemed treatise for judges, lawyers and law students, attorney Scott Miskimon of Smith Anderson has co-authored and edited a revised and updated second edition that analyzes in detail more than two centuries of contract law. The second edition has been expanded into two volumes, contains new material and is updated through May 2021. 

North Carolina Contract Law analyzes the law of contracts, both under North Carolina’s common law and Article 2 of its Uniform Commercial Code. Often quoted and cited by the Supreme Court of North Carolina and the North Carolina Court of Appeals, North Carolina Contract Law is the only legal treatise on this subject. Before the initial 2001 publication of North Carolina Contract Law, lawyers and judges spent hours researching contracts issues with no assurance of finding a definitive answer. North Carolina Contract Law put thousands of cases at the reader’s fingertips, providing insightful, detailed and expert analysis into the reasoning behind a rule of law. This comprehensive book is an invaluable resource for litigators and business, construction, employment, and real estate lawyers, who will find it a useful guide for contract review, drafting and litigation.

Volume One analyzes the creation and enforcement of common-law contracts and issues of mutual assent, consideration, parol evidence and the statute of frauds. All types of common-law contracts are discussed in detail, including employment agreements, construction contracts, leases, contracts for the sale of land, options, broker’s contracts, master services agreements, development agreements, settlement agreements, and loan and guarantee agreements. This in-depth analysis covers cases decided from 1795 to the present. 

Volume Two examines contracts for the sale of goods as governed by North Carolina’s version of Article 2 of the Uniform Commercial Code and as interpreted by the state’s appellate courts. Warranty issues are given an extensive attention, as is the interplay between the UCC’s Article 2 and North Carolina’s Products Liability Act. Volume Two’s Appendices contain the full text of that Act, as well as North Carolina’s version of the UCC’s Article 1 and Article 2.

North Carolina Contract Law, Second Edition was released July 27, 2021 and is available for purchase at LexisNexis. The First Edition was published in 2001. 

About the editor and co-author, Scott Miskimon

Scott Miskimon is a commercial litigator who prosecutes and defends significant business disputes in state and federal court. Scott chairs Smith Anderson’s real estate litigation group, and his practice involves commercial real estate litigation, trust and estate litigation, contract drafting, business risk management, and business transactions. He launched the first edition of North Carolina Contract Law in 2001 and edited and co-authored its annual cumulative supplements for the following twenty years. He is a 1992 graduate of the University of North Carolina School of Law, where he served on the Board of Editors for the North Carolina Law Review. He is a 1982 graduate of the University of Missouri School of Journalism, and, prior to becoming an attorney, was an Emmy-award winning television photojournalist. Scott is a member of the Hugh Morson Scholarship committee and a member of the board of a non-profit group, North Carolina Legal History, Inc. Scott recently served as the curator for a North Carolina Museum of History exhibit on the 200th anniversary of the Supreme Court of North Carolina. He is also a frequent speaker and writer on legal topics, including contracts, as well as historical topics focused on early American history and the American Revolution.