1L - First Year Lesson Topics

This podcast explores the basic concept of mitigation, or, as it is sometimes called, avoidable consequences, which is used in computing damages. Mitigation is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. The principle is stated in Restatement (Second) of Contracts § 350(1). The podcast also discusses Rockingham County v. Luten Bridge Co. and the twist on the common law rule of mitigation found in U.C.C. § 2-704. 

The topic of this podcast is the basic concepts related to mutual assent to a contract. In particular, we will look at the requirements for contract formation, particularly the promises that indicate assent. We will also look at what is a sufficient manifestation of assent.

The topic of this podcast is the basic concepts related to offers. In particular, the podcast examines the basic attributes of offers and also looks at the particular types of communications that are typically not offers, such as advertisements and price quotations. Cases discussed include Lefkowitz v. Great Minneapolis Surplus Store (fur coat ad) and Fairmont Glass Works v. Cruden-Martin Woodenware Co.

The topic of this podcast is how to determine whether the offeror can terminate the offer or whether the offer is irrevocable. Recall that a contract is a promise or set of promises which the law enforces. Ordinarily, the manifestation of mutual assent takes place by virtue of an offer by the offeror, which is then followed by an acceptance by the offeree. Typically, an offeror can revoke an offer freely at any time prior to acceptance, but at times an offer is irrevocable. An offer may be found to be irrevocable in four situations, discussed in this podcast.

The topic of this podcast is the basic concepts related to the types of contracts governed by the statute of frauds -- that is, statutes that require evidence of the contract in writing. More particularly, we will look at the categories of contracts governed by the statute, what type of writing satisfies the statute, and exceptions to the statute where a writing is not required.

The topic of this podcast is the basic concepts related Article 2’s statute of frauds. More particularly, we will look at when a contract is governed by § 2-201, the exceptions to the writing requirement of § 2-201, and what type of writing when required is satisfactory. Section 2-201 only applies when there’s a contract for the sale of goods for the price of $500 or more and has many exceptions, such that many contracts can be concluded without a writing.

This podcast examines when agreements are enforceable as contracts because they are supported by consideration. The podcast looks at common descriptions of consideration, including benefit-detriment and “bargained-for exchange.” It also considers traditional issues of consideration and common disputes involving unequal bargains, nominal or sham consideration, and past consideration. The podcast discusses several hypotheticals and also the following cases: Schnell v. Nell, 17 Ind. 29 (1861), Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256 (1891), and Basatkis v. Demotsis, 226 S.W.2d 673 (Tex. Civ. App. 1949).

The topic of this podcast is U.C.C. § 2-207 Finding the Terms of the Contract. This podcast is the second in a series of three podcasts about § 2-207 of the Uniform Commercial Code, a section often referred to as the Battle of the Forms. The first podcast covered Formation of the Contract. It would probably be helpful to listen to that one before listening to this one. The third podcast covers Written Confirmations.

The topic of this podcast is formation of the contract under U.C.C. § 2-207. This is the first in a series of three podcasts covering the Battle of the Forms. The second podcast covers Finding the Terms of the Contract. The third covers Written Confirmations. It is best to listen to the podcasts in sequence. This podcast discuses the "mirror image" and "last shot" rules.

The topic of this podcast is written confirmations under § 2-207 of the U.C.C., a section often referred to as the Battle of the Forms. This is the third in a series of podcasts about § 2-207 of the Uniform Commercial Code. The first podcast covered Formation of the Contract. The second covered Finding the Terms of the Contract.

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. An additional podcast will discuss how warranties can be disclaimed or limited. The primary issue in warranty law is what is the level of quality that a buyer can expect in a contract for goods.