Acceptance
The lesson takes up issues such as the manner of acceptance, who can accept, silence as acceptance, rejection and counter-offer.
The lesson takes up issues such as the manner of acceptance, who can accept, silence as acceptance, rejection and counter-offer.
This lesson explores discharge of a debt by accord and satisfaction. It can be run either as an introduction to the study of accord and satisfaction or as a review after you have completed your study.
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.
This lesson sets out the basic requisites for identifying and evaluating a gift promise.
This podcast considers when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is a gift. Analyzing hypotheticals, the podcast examines common situations involving gift promises, including conditional gifts, and charitable promises. Cases discussed include Schnell v. Nell, 17 Ind. 29 (1861) and Hamer v. Sidway, 124 N.Y. 538, 27 N.E. 256 (1891).
This lesson takes a look at two types of agreements that lack consideration: those supported by past consideration or moral obligation. This lesson sets out the basic requisites for identifying and evaluating those promises that are only supported by past consideration or moral obligation.
This lesson explores the contours of anticipatory repudiation, including the repudiating promisor's ability to retract his repudiation, the nonrepudiating promisee's right to demand adequate assurances of performance, and the effect of the promisor's repudiation on the promisee's obligation to perform.
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.
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 podcast is a question and answer session between Professor Jennifer Martin and a member of CALI's staff. In this podcast, Professor Martin provides advice to students studying acceptance, the mirror image rule and the problem of the Battle of the Forms. Professor Martin's podcast expands on her coverage of this topic in her CALI lesson Battle of the Forms (UCC 2-207).
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.
One of the rules that limits a plaintiff's recovery for breach of contract is the requirement that damages must be proven to a reasonable certainty. This lesson explores that principle. The lesson can be run either as an introduction to certainty or as a review after you have completed your study.