Contracts Syllabus and Course Guide
WEEKLY ASSIGNMENTS:
Each week (on Monday or Tuesday), an assignment will be posted to the course message board. Students are responsible to complete at least three of the posted assignments for the course. They will be graded, and they will count for 30% of the student’s grade for the course. If you complete more than three assignments, the best two of your assignment submissions will be graded. Assignments completed beyond the third one will also count as extra credit. Assignments can be submitted via e-mail or posted to the message board. Assignments must be submitted within seven days of the last day of the course for the student to receive credit for the assignment.
Each submitted assignment will be graded on the following scale:
3 – Excellent
2 – Good
1 – Accepted
0 – Not Acceptable (must re-submit)
In addition, feedback will be posted by the instructor for each assignment that has been submitted.
GRADING:
Each student who completes the requisite assignments and exams will be given a letter grade upon completion of the course. The course will be graded on the following basis:
Midterm Exam: 35%
Final Exam: 35%
Assignments: 30%
(for more on grading policy, see the section on API grading and exam policy on the “view course information” page)
Important Note regarding exams:
Exams must be completed during the allotted time for the exam. A student will not be allowed a time extension in which to complete an exam, except under the following circumstances:
a) A request is made of the instructor prior to the exam and is granted by the instructor.
b) The student is ill or has another emergency that does not allow him or her to complete the exam in the allotted time.
c) The student experiences technical difficulties that do not allow him or her to complete the exam during the allotted time.
In any of these cases, alternative arrangements for completion of the exam will be made.
(for more on grading policy, see the section on API grading and exam policy on the “view course information” page)
Weekly reading assignments and lecture schedule:
WEEK ONE, CLASS ONE
This class will provide an in depth look at the issues involving consideration. We will begin by examining the bargain theory and enforceable factor theories of consideration, including what is and is not adequate consideration to make a contract binding. We will also explore the meaning and ramifications of the mutuality rule. We will then review the numerous exceptions to the mutuality rule.
Reading:
Chapter 1: Introduction and Consideration
- Introduction to contracts and Consideration
- Problems in Consideration: Bargain Promises and the Mutuality Rule
- Exceptions to the Mutuality Rule
WEEK ONE, CLASS TWO
In this class, we will continue our study of the issues surrounding the principal of consideration. We will focus on the legal duty rule, including its definition, its practical application and the exceptions to the rule. We will then examine the rules regarding special accords and the satisfaction of those accords. Finally, we will examine the enforceability of promises to give gifts and promises based on moral obligations.
Reading:
Chapter 1: Introduction and Consideration
- Problems in Consideration: Bargain Promises and the Legal Duty Rule I
- Problems in Consideration: Bargain Promises and the Legal Duty Rule II
- Accord and Satisfaction
- Donative Promises
- Moral or Past Consideration
WEEK TWO, CLASS ONE
In this class, we will begin to understand the important principals of offer and acceptance. Specifically, we will examine what constitutes a legally valid offer and we will highlight the importance distinction between legally binding offers and non-binding invitations to negotiate. We will also review the numerous instances where an offeree does not have the legal authority to accept a valid offer.
Reading:
Chapter 2: Mutual Assent: Offer and Acceptance
- Mutual Assent
- Offers
- Termination of the Power of Acceptance
WEEK TWO, CLASS TWO
In this class, we will continue our study of offer and acceptance. Specifically, we will focus on the rules of acceptance and the difference between acceptance of bi-lateral and unilateral contracts. We will also explore the mailbox rule and the related issues concerning when offers, acceptances, rejections and withdrawals become legally binding. Finally, we will briefly consider how courts settle disputes surrounding the interpretation of contractual language.
Reading:
Chapter 2: Mutual Assent: Offer and Acceptance
- Acceptance
- Silence as Acceptance
- The Mailbox Rule
- Interpretation
WEEK THREE, CLASS ONE
In this class, we will begin to examine the various defenses to formation that a defendant has at his disposal. Specifically, we will look at the term requirements for contracts and whether and when the omission of these various terms renders the contract unenforceable. Additionally, we will examine the various mistakes in formation that will render a contract unenforceable and we will explore the issues surrounding the unconscionability of both the negotiating process and resulting terms of a contract.
Reading:
Chapter 3: Defenses to Formation
- Indefiniteness
- Mistake
- Misrepresentation, Nondisclosure, Duress and Undue Influence
- Unconscionability
Midterm Examination
WEEK FOUR, CLASS ONE
In this class, we will continue to examine the various defenses to formation that a defendant has at his disposal. Specifically, we will review the statute of frauds and the various instances when contracts will either fall within or outside of the statute. Additionally, we will examine the situations where people are not legally capable of entering into contracts and the consequences for those who do enter into a contract with this class of person. Finally, we will briefly examine the significance of illegal contracts.
Reading:
Chapter 3: Defenses to Formation
- The Statute of Frauds
- Lack of Capacity
- Illegal Contracts
WEEK FOUR, CLASS TWO
In this class, we will look at the important issues of performance of contractual obligations and breach of performance. We will explore the timing of the performance required of each party and the various rules that are applied in determining when a party has actually performed his or her side of the agreement. We will also discuss the ramifications of “divisible” contracts, when contracts have many facets that may be independent of each other.
Reading:
Chapter 4: Performance and Breach
- Good Faith
- Conditions
- Order of Performance
- Substantial Performance
- Divisible Contracts
WEEK FIVE, CLASS ONE
In this class we will examine the practical applications of the term “breach” of contract. We will discuss when failure to live up to certain contractual requirements of a contract is considered a breach to the extent that it can excuse the other party from performance (material breach) as opposed to a breach that is not that severe (minor breach). We will also discuss the scenarios in which a party is excused from performing his or per part of the contract because of changed circumstances.
Reading:
Chapter 4: Performance and Breach
- Material Breach v. Minor Breach
- Anticipatory Breach
- Changed Circumstances: Impracticability
- Discharge
WEEK FIVE, CLASS TWO
The class will focus on the remedies that are available to a party that has been injured due to a breach of contract. We will pay special attention to the issues surrounding the concept of expectation damages as well as to the two dominant theories of reliance damages. We will also examine the doctrine of specific performance and review when the courts will and will not award this special remedy to the injured party.
Reading:
Chapter 5: Remedies
- Introduction and Expectation Damages
- Reliance Damages and restitution
- Specific Performance
- Other Forms of Damages
Final Examination