This lesson explores the issue of whether, in computing the expectation remedy, the court will award the cost of completion or the diminution in value. The lesson can be run either as an introduction to this aspect of damages or as a review after you have completed your study.
- This Subject Area Index lists all CALI lessons covering Contracts.
- The Contracts Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.
Overview of defenses to the formation of a contract.
The topic of this podcast is the basic concepts related to acceptance of an offer. Acceptance is simply the name given to the action of an offeree in making the offeror’s promise enforceable. This podcast will look at the basic attributes of acceptance, as well as specific issues related to the mirror image rule, the permitted method and manner of acceptance, and acceptance by silence.
Prof. Burnham, author of many CALI lessons and podcasts, discusses choice of law in contract cases. Choice of law occurs when there is an issue of which jurisdiction’s law the courts will apply to a substantive issue. Choice of law is not a question of where a case will be heard, but instead what law applies when hearing the case. Prof. Burnham discusses how parties can influence what law will apply as well as what restrictions apply when doing so. Also discussed are the older and revised versions of UCC Art.
The topic of this podcast is an introduction to defenses to enforcement of a contract based upon defects in the bargaining process, capacity of one of the parties, or public policy. There are three sets of defenses to enforcement of a contract which is otherwise valid. The first set of defenses relate to capacity to contract. There are three capacity related defenses: (i) infancy (where a party is a minor, meaning below the age of majority), (ii) mental illness or defect; and (iii) intoxication.
The topic of this podcast is Disclaimer of Warranty and Limitation of Remedies. Warranties provided by the default rules of Article 2 are covered in a different podcast. This podcast will provide a basic overview of how the seller may disclaim warranties or limit the remedies for their breach. Topics covered include express warranties, the implied warranty of merchantability, and disclaiming liability for consequential damages. Examples include an analysis of sections 2-312 and 2-316.
The topic of this podcast is how to determine the duration of the power of acceptance in the offeree and whether that power of acceptance has been terminated. 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. Once an offer is terminated, the power of acceptance is no longer present unless the offeror revives the offer at a later time.
There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid. The topic of this podcast is the basic concepts related to two of the assent related defenses, duress and undue influence. The defense of duress exists to protect against contracts that are obtained by some type of threat or coercion. The defense of undue influence exists for a more specialized role, to protect against assent obtained by unfair persuasion.
The topic of this podcast is federal jurisdiction in contracts cases, specifically how the case got to federal court, and what law the federal court will look to in deciding the case.
On completion of the lesson, the student will be able to:
1. Determine how a federal court gets jurisdiction for a case.
2. Determine what law that court will use in deciding the issue.
3. Explain how this information is useful when conducting legal research.
There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related defenses. The topic of this podcast is the basic concepts related to the assent related defenses of fraud and misrepresentation.
The topic of this podcast is impossibility, impracticability and frustration. Ordinarily we expect the parties to perform their contracts under the principle of pacta sunt servanda, meaning promises are to be kept. Contract law, though, does provide excuse for non-performance (meaning a party is not in breach) in the event of certain contingencies the nonoccurrence of which are basic assumptions of a contract. This podcast covers the three distinct grounds for excuse provided by contract law: (i) impossibility; (ii) impracticability; and (iii) frustration of purpose.
The topic of this podcast is the basic concepts related to incapacity defenses to enforcement of a contract, which includes infancy, mental illness, and intoxication. The incapacity defenses seek to protect vulnerable people in society (children, those suffering from mental illness or intoxication) from exploitation by others in the contracting process.