1L - First Year Lesson Topics

This set of Topics covers subjects typically taught during the first year of law school.
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Mitigation

One of the limitations on the damages a plaintiff can recover for breach of contract is that the plaintiff has a duty to keep the damages as low as reasonably possible. This lesson explores this principle, which is called mitigation. The lesson can be run either as an introduction to mitigation or as a review after you have completed your study.

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Modification

This lesson explores discharge of a contract by modification, both at common law and under the UCC. It can be run either as an introduction to the study of modification or as a review after you have completed your study.

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Modifications and the Pre-existing Duty Rule: Discussions in Contracts Podcast

The topic of this podcast is when contract modifications are not enforceable due to the pre-existing duty rule. Consideration is required to support enforcement of an agreement, including a modification to an agreement. In this podcast, we will look at when the pre-existing duty rule renders modifications unenforceable and when the modern common law rule and the rule of UCC § 2-209 permit enforcement of some modified agreements in the absence of new consideration. 

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Multiple Defendants

This lesson deals with the rules governing the liability of multiple defendants in torts cases. It begins by examining joint and several liability and the rules governing contribution between tortfeasors, then moves on to consider why the majority of states has now modified the rules of joint and several liability. It also contrasts the different results produced by joint and several liability on the one hand and several liability on the other in cases involving insolvent defendants and settling defendants.

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Mutual Assent

This lesson explores one of the fundamental requirements for contract formation, mutual assent. Mutual Assent is a mutual manifestation of assent to the terms of an agreement. This lesson looks at how parties establish mutual assent, including manifestations of mutual assent by words and conduct and the effect of misunderstanding. However, the attributes of offer and acceptance are covered in other lessons. This lesson concludes with a sample analysis exercise involving mutual assent.

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