Law School Discussion

Contracts help!!!

Contracts help!!!
« on: April 27, 2008, 08:10:44 PM »
Does anyone have like the one page outline of the steps you should go through when writing your contracts essay?  Sorry, I don't really know what it's called--just like a bare minimum skeletal outline that you memorize?  Hope I'm making sense!  THANK YOU!!

Re: Contracts help!!!
« Reply #1 on: April 27, 2008, 10:02:26 PM »
1. Is there an agreement/ K?
   - offer, invitation to an offer, acceptance, etc.
   - what is the parties intentions, purpose for contracting?
2. What is the gravimen/ purpose of the K?
   - sale of moveable goods= Art. 2 UCC
   - services= common law and restatements
3. Is there a problem, breach or repudiation? What happened? 
   - is someone attempting to avoid the K (mistake, duress, undue influence. etc)
   - Is the K void or against public policy?
     Unconscionable etc. 
   - Is there a condition precedent, what are the constructive conditions etc.
   - Parol Evidence
   -
4. If K not enforceable will the court reform it or enforce it in equity?
5. Remedies
   - expectation, restitution, reliance damages
   - Quantum Meruit
   - Punitive damages (not likely)
   - See Buyer's/ Seller's remedies UCC 2-700's
   - Third Party Beneficiary
6. Public Policy explanations if time.

This is real basic, K is about who is supposed to do what for whom when, and what if they dont? 

Re: Contracts help!!!
« Reply #2 on: April 30, 2008, 06:00:30 AM »
You might also want to begin with a step that asks whether there is a problem with the Statute of Frauds.

Re: Contracts help!!!
« Reply #3 on: April 30, 2008, 06:44:02 PM »
1. Read the call of the question.
2. Answer the call of the question.
3. Remember your professor is the god of your exam.

Re: Contracts help!!!
« Reply #4 on: April 30, 2008, 11:57:16 PM »
I second that. I also highly recommend practic hypos, especially old tests if your prof has released his/her old exams.

Re: Contracts help!!!
« Reply #5 on: May 01, 2008, 12:28:48 AM »
I'm guessing by the tenor of his question his exam is tomorrow and he may not have time for all that.  Then again, basic K issues like this should have been finalized in the late AM early PM.  Now is the time to sleep and mumble to yourself about the mailbox rule.

Astro

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Re: Contracts help!!!
« Reply #6 on: May 01, 2008, 02:00:15 AM »
Wait, did I accept it when I sent it or when they received it...?


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Re: Contracts help!!!
« Reply #7 on: May 04, 2008, 03:03:05 PM »
Actually the final isn't for another week, and yes I have been doing practice essays, etc.  I just HATE Contracts with a passion and feel that any extra help would be beneficial.  I just want a simple, short skeletal outline that I can memorize and follow the steps to make sure I'm not leaving anything out.

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Re: Contracts help!!!
« Reply #8 on: May 04, 2008, 04:01:05 PM »
It depends on your course, though.  Is it a very basic overview of Contracts, or is your prof one of those who likes to get into policy or obscure exceptions?  Is it full K (offer through restitution) or is it a split course?  Some places do Ks over two semesters -- did you?


Re: Contracts help!!!
« Reply #9 on: May 04, 2008, 04:21:44 PM »
Does anyone have like the one page outline of the steps you should go through when writing your contracts essay?  Sorry, I don't really know what it's called--just like a bare minimum skeletal outline that you memorize?  Hope I'm making sense!  THANK YOU!!

I'm sorry, did you say my name?