Content
The podcast includes the analysis for several hypotheticals and Lawrence v. Fox, 20 N.Y. When can a person who is not party to a contract sue to enforce the contract? The podcast examines the rule for promissory estoppel, as set forth in Restatement (Second) of Contracts § 90, as well as the form of remedy permitted in cases based upon reliance.
This podcast considers when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is a gift. This podcast examines when agreements are enforceable as contracts because they are supported by consideration. Good faith, sometimes called the covenant of good faith and fair dealing, is an implied term in a party’s obligation of performance in every contract. The topic of this podcast is the basic concept of certainty in computing damages.
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It discusses the obligations of good faith under the common law – as expressed in Restatement (Second) of Contracts § and the Uniform Commercial Code § 1-304. It also looks at how Article 2 of the UCC handles disclaimers for liability for consequential damages. The podcast examines the rules established in Hadley v. Baxendale to determine if a loss is foreseeable and therefore recoverable as a consequential damage, as well as some practical effects of those rules. Several hypotheticals are explored, as is the case Freund v. Washington Square Press.
-3L Upper Level Lesson Topics
It discusses reliance as it pertains to gift promises, including charitable donations. This podcast discusses methods to use to make you more comfortable with class participation, including case briefing templates. Some law schools participate in the awards program the beach street cafe menu but DO NOT allow the awards to be viewed from our website. About half of our 200 member law schools distribute CALI Awards, and most of them post award recipients here.
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This podcast will look at discharge by rescission, substituted performance, substituted contract, novation, and accord and satisfaction. Consideration is required to support enforcement of an agreement, including a modification of a contract resulting in a discharge of duties. This podcast explains how an offeree can accept an offer for the sale of goods under UCC § 2-206. It provides some history on the evolution of good faith in UCC Articles 1 and 2, and considers the variations on the definition of good faith adopted among the jurisdictions.
- There are a few exceptions where the agreement has to be evidenced by a writing to satisfy the Statute of Frauds, but by and large oral agreements are perfectly valid.
- Using hypotheticals to illustrate, it discusses the exceptions that limit the transfer of rights and duties to a third party.
- The podcast examines the rules established in Hadley v. Baxendale to determine if a loss is foreseeable and therefore recoverable as a consequential damage, as well as some practical effects of those rules.
- This podcast explains how an offeree can accept an offer for the sale of goods under UCC § 2-206.
- This podcast explains when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails.
This is the first in a series of three podcasts covering the Battle of the Forms. The topic of this podcast is formation of the contract under U.C.C. § 2-207. There are a few exceptions where the agreement has to be evidenced by a writing to satisfy the Statute of Frauds, but by and large oral agreements are perfectly valid.
-3L Upper Level Lesson Topics
The topic of this podcast is a basic overview of when warranties are given for the sales of goods under Article 2 of the UCC. Acceptance is simply the name given to an offeree’s action in making the offeror’s promise enforceable. The topic of this podcast is when silence itself can be acceptance of an offer. The topic of this podcast is when contract modifications are not enforceable due to the pre-existing duty rule. We will also look at when a discharge is enforceable where it is supported by consideration, including where there is the use of an instrument under U.C.C. § 3-311.
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This podcast discusses a discharge of duties such that parties do not have to perform their contractual obligations and cannot demand performance under the other party’s contract. This podcast explains when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is based on past action or a moral obligation. Using hypotheticals to illustrate, it discusses the exceptions that limit the transfer of rights and duties to a third party. The topic of this podcast is when rights under a contract may be assigned to third parties, and when duties may be delegated to third parties. Analyzing hypotheticals, the podcast examines common situations involving gift promises, including conditional gifts, and charitable promises.
It further discusses when certainty might apply – such as in cases involving a new business or lost royalties – methods of proving certainty, and how certainty is treated in the courts. So the party who has performed is in the position of a creditor and the party who has not performed is in the position of a debtor. This podcast explores the basic concept of mitigation, or, as it is sometimes called, avoidable consequences, which is used in computing damages. This podcast discusses Clark v. West Publishing Company, and explains why drafters should use terms such as “if” or “on condition that” to make it clear that a term is a condition. A condition can be a good way to hedge in case a party is concerned that it can’t meet its commitments and wants to avoid being in breach of contract. This podcast explains when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails.
