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Contracts

Acceptance

This lesson deals with one aspect of contract formation, acceptance. Acceptance is the manifestation of assent that is made by the offeree in response to an offer. In this lesson, you will learn how a party can accept an offer at common law. The lesson takes up issues such as the manner of acceptance, who can accept, silence as acceptance, rejection and counter-offer. The lesson ends with a short analysis exercise on the subject of acceptance.

Learning Outcomes

Advice to a 1L From a Law Professor Podcast

A Question and Answer session with Prof. McFarland, author of several of CALI's lessons in Tort Law and Civil Procedure. Prof. McFarland has been teaching for over 30 years. His comments in this podcast about the first semester of law school focus on the Socratic method, preparing for class, note-taking during class, class participation, "riding out" that "lost at sea" feel common during the first few weeks of law school, the appropriate use of study aids, advice about law school exams, and general advice on doing well in law school.

Agreements Lacking Consideration: Gift Promises

This lesson takes a look at one type of agreement that lacks consideration: gift promises. Consideration is often described as the bargained-for-exchange. The bargained-for-exchange is what induces the making of the promise by the offeror and the promise induces the furnishing of the consideration by the offeree. Consideration is the ordinary means for justifying the enforcement of the promises by the parties. Where a gift is made, bargained-for-exchange is lacking and the promises are not enforceable. This lesson sets out the basic requisites for identifying and evaluating a gift promise.

Agreements Lacking Consideration: Past Consideration and Moral Obligation

This lesson takes a look at two types of agreements that lack consideration: those supported by past consideration or moral obligation. Consideration is often described as the bargained-for-exchange. The bargained-for-exchange is what induces the making of the promise by the offeror and the promise induces the furnishing of the consideration by the offeree. Consideration is the ordinary means for justifying the enforcement of the promises by the parties.

Assignment and Delegation

This lesson covers assignment of contract rights and delegation of contract duties. You can run it either as an introduction to the topic or as a review after you have studied it.

Learning Outcomes

On completion of the lesson, the student will be able to:
1. Define the vocabulary used in assignment and delegation.
2. Explain when assignment and delegation are not permitted.
3. Select appropriate language to draft provisions that prohibit assignment and delegation.

Battle of the Forms (UCC 2-207)

This lesson deals with the problem created by the Battle of the Forms. At common law, the mirror image rule requires an acceptance to be exactly like the offer. The rule is reversed under the Uniform Commercial Code, however. Under UCC § 2-207, an acceptance is still an acceptance even though it states different or additional terms from the offer. This lesson will explore the effect of such different or additional terms and when they are operative. This lesson can be worked as an introduction to the Battle of the Forms or as a review.

Bilateral and Unilateral Contracts

Traditional contract law classifies contracts into bilateral and unilateral contracts. Bilateral contracts are those involving promises made by all parties, whereas unilateral contracts involve promises made by only one of the parties. This lesson explores the distinction between bilateral contracts (where both parties make promises) and unilateral ones (where only one party makes a promise) and the effect on the obligations of the parties resulting from the classification. This lesson ends with an analysis exercise on unilateral and bilateral contracts.

Learning Outcomes

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