Contracts: A Guide for the Busy 1L: Home

This guide provides information about a variety of electronic and textual resources that can help you succeed in your first year civil procedure class.

Last Updated: Aug 11, 2020 9:46 AM

CALI Lessons

CALI lessons allow you to work through issues in contracts in an interactive format in which you answer questions and explain your reasoning. If you are confused or have questions about an issue, a CALI lesson may provide a quick way to test and improve your knowledge.

Here are a few Contracts Lessons that are helpful for 1Ls. A complete list of Contracts related lessons is available at the CALI website.

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 On completion of the lesson, the student will be able to: 1. Describe the elements of an effective acceptance. 2. Explain the "mirror image" rule. 3. Distinguish between acceptance by promise, acceptance by performance, and acceptance by promise or performance. 4. Identify the party who can accept an offer. 5. Give examples of situations where silence can constitute acceptance. 6. Explain the effect of a rejection, a counter-offer, and an inquiry.
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. The general attributes of consideration are covered in other lessons. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between a bargained-for exchange and a gift promise. 2. Distinguish between a gift promise and a gift. 3. Explain when charitable promises are enforceable.
Anticipatory Repudiation and Assurances of Performance 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. Learning Outcomes On completion of the lesson, the student will be able to: 1. Determine when there has been an anticipatory repudiation. 2. Describe the non-breaching party's remedies when the other party breaches by anticipatory repudiation. 3. Analyze whether the elements of a demand for adequate assurance of performance have been satisfied in a particular fact situation.
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. This lesson may be a more in-depth study of UCC § 2-207 than many first year contracts courses require. However, prior to working this lesson, you should have an understanding of offer, acceptance and mutual assent. Learning Outcomes On completion of the lesson, the student will be able to: 1. Explain the common law "mirror image" rule. 2. Analyze whether a contract is formed under UCC § 2-207 in different fact situations. 3. Determine, when a contract is formed under UCC § 2-207, which terms are included in the contract.
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 On completion of the lesson, the student will be able to: 1. Define "unilateral contract" and "bilateral contract." 2. Describe how an option contract is created when a promisor makes an offer to enter into a unilateral contract. 3. Give examples to show comprehension of the differences between 1) offers to be accepted by promise, 2) offers to be accepted by performance, and 3) offers to be accepted by either promise or performance.
Conditions This lesson explores the concept of conditions in the law of contracts. It distinguishes promises from conditions, discusses the various kinds of conditions, and explains ways the courts relieve parties from the harsh effect of conditions. The lesson concludes with two sample exam questions. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between a promise and a condition. 2. Distinguish between an express condition and an implied condition. 3. Give examples of the ways in which the harsh effects of a condition can be excused.
Consideration: The Basics of Consideration and the Bargain Theory This lesson takes a look at the basic aspects of the contractual element of Consideration. In a typical transaction, the consideration (described as a bargained-for-exchange) is what induces the making of the promise by the offeror. In turn, 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. This lesson sets out the basic requisites for establishing consideration. Learning Outcomes On completion of the lesson, the student will be able to: 1. Explain the meaning of "bargained-for exchange." 2. Give an example showing how consideration can be for the benefit of a third party. 3. Explain the concept of "adequacy of consideration." 4. Define "nominal consideration." 5. Explain how consideration applies to option contracts. 6. Give an example of consideration for multiple promises.
Consideration: Advanced Issues This lesson addresses a number of issues involving consideration, including whether there was a bargain, whether there is consideration for the settlement of a claim, and whether one of the promises was illusory. You should run it after you have run the lesson on Consideration: The Basics of Consideration and the Bargain Theory. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between situations where consideration is bargained-for and situations where it is not. 2. Explain when there is consideration for release of an invalid claim. 3. Distinguish between illusory contracts and a) satisfaction clauses, b) implied obligations, and c) output and requirements contracts.
Defenses Overview of defenses to the formation of a contract. Learning Outcomes On completion of the lesson, the student will be able to: 1. Explain how a defense affects the formation of a contract. 2. Explain why defenses apply to UCC transactions even though the defenses are not found in Code provisions.
Duration of Offers This lesson deals with the duration of offers. The existence of an offer is often an essential element of the bargaining process. Sometimes the offeree's power of acceptance will end so that the offer is no longer valid. This lesson will look at termination of the power of acceptance by termination of the offeror, revocation and counteroffer, rejection, death and lapse. Learning Outcomes On completion of the lesson, the student will be able to: 1. Determine whether an offer is open at the time the offeree purports to accept it. 2. Identify the events that can terminate an offer. 3. Explain when a counteroffer is made by an offeree. 4. Give examples of situations where an offer is either revocable or not revocable.
Express and Implied Contracts Contracts are sometimes referred to as express or implied. Implied contracts are in turn often referred to as contracts implied-in-fact or implied-in-law. The difference between express contracts and implied-in-fact ones results from the conduct of the party in making the promise constituting the assent to the contract. Implied-in-law or quasi-contracts, however, are not really contracts at all, but merely a remedy in restitution. This lesson explores the nature of express contracts, implied-in-fact and implied-in-law contracts. Learning Outcomes On completion of the lesson, the student will be able to: 1. Define "implied-in-fact contract," "implied-in-law contract," and "express contract." 2. Distinguish between implied-in-fact contracts and implied-in-law contracts. 3. Distinguish between express contracts and implied-in-fact contracts. 4. Describe the circumstances in which an implied-in-law contract (quasi-contract) arises.
Good Faith This lesson considers probably the most common type of implied term, that of good faith. At common law, courts often supply a term requiring the parties to exercise "good faith" or "good faith and fair dealing". Moreover, for the sale of goods, the UCC provides that every contract is subject to good faith requirements, which cannot be disclaimed by agreement. Learning Outcomes On completion of the lesson, the student will be able to: 1. Define good faith. 2. Give examples of when good faith is required in common law contracts. 3. Distinguish between the two elements of good faith in the UCC.
Implied Terms The terms of a contract include express and implied promises, conditions, provisos and presuppositions that bind the parties. Contracts often have "gaps" in them, either intentionally or unintentionally left that way by the parties. This exercise considers how courts supply terms to fill those gaps both at common law and under the UCC. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between interpretation and implication. 2. Explain when a common law court will imply terms. 3. Give examples of how the UCC gap fillers are used to complete contracts.
Impossibility, Frustration, and Impracticability This lesson takes a look at the doctrine of excuse. In particular, we will look at the doctrines of impossibility, frustration of purpose and impracticability. Each of these doctrines excuses performance of the parties to the agreement. This lesson sets out the basic requisites for when courts excuse contract performance and evaluating those situations that merit excuse. The general attributes of contract formation and breach are covered in other lessons. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between impossibility, frustration of purpose, and impracticability. 2. Evaluate situations where the risk of a particular contingency has been allocated to one of the parties either expressly by agreement or impliedly. 3. Analyze a fact scenario to determine to whether performance has become impossible, impracticable or frustrated. 4. Determine the appropriate remedy when the obligation of a party has been discharged.
An Introduction to Contract Remedies This lesson enumerates some general principles of contract remedies. You may want to run it before you run any of the individual lessons on contract remedies. It may be run as an introduction before you have studied contract remedies or as a review after you have studied the topic. Learning Outcomes On completion of the lesson, the student will be able to: 1. Explain where the rules of contract law come from. 2. Apply the principles of contract remedies to a particular fact situation.
Lack of Capacity This lesson explores the capacity defense to contract formation, including when a contract may be avoided because of the minority, mental incapacity, or illiteracy of one of the parties. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between lace of capacity as a matter of law and lack of capacity as a matter of fact. 2. Explain the rules on whether minors can avoid contracts and the policies behind those rules. 3. Apply the different tests for lack of mental capacity to particular fact situations.
Misunderstanding and Mistake An overview of the defenses of misunderstanding and mistake to the formation of a contract. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between mistake and misunderstanding. 2. Explain why misunderstanding results in no contract being formed. 3. Explain when a contract is reformed because of a mistake in integration. 4. Explain the remedy for mistake in performance. 5. Apply the elements of mutual mistake to particular fact situations. 6. Distinguish between unilateral mistake and mutual mistake. 7. Analyze a release to determine whether it is enforceable.
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. Learning Outcomes On completion of the lesson, the student will be able to: 1. Define the concept of mitigation. 2. Explain why there is not a "duty" to mitigate. 3. Apply the concept of mitigation to particular fact situations.
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. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between modification and other forms of discharge of contractual obligations. 2. Explain how the common law pre-existing duty rule applies to modifications. 3. Determine whether the modification of a contract is enforceable under the modern common law rule. 4. Determine whether the modification of a contract is enforceable under the UCC rule. 5. Analyze whether a no-oral-modification clause in a contract is enforceable. 6. Distinguish between modification and waiver. 7. Analyze whether a non-waiver provision in a contract is enforceable
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. Learning Outcomes On completion of the lesson, the student will be able to: 1. Differentiate between the objective theory of assent and the subjective theory. 2. Explain the importance of context in determining intent. 3. Give examples of the parties' intention to be bound or not to be bound by an agreement. 4. Recognize when a misunderstanding prevents mutual assent.
Offer This exercise deals with offer, an essential element of the bargaining process. There are basically three requirements to establish an offer: (1) intent; (2) definiteness; and (3) communication to the offeree. Learning Outcomes On completion of the lesson, the student will be able to: 1. Define "offer." 2. Analyze the words used and the surrounding circumstances to determine whether a person has intended to make an offer. 3. Explain how a court may supply terms to make an offer more definite. 4. Determine whether an offer was communicated to the party who purports to accept it.
Overview and Sources of Contract Law This lesson provides an overview of Contract Law, including the sources of Contract Law. The lesson can be run either as an introduction to Contract Law or as a review any time during or after your study of Contract Law. Learning Outcomes On completion of the lesson, the student will be able to: 1. Name the elements of a claim for breach of contract. 2. Explain the source of the Uniform Commercial Code (UCC) and why it is not uniform. 3. Distinguish transactions to which the UCC applies from transactions to which the common law applies. 4. Explain the source of the Restatement (Second) of Contracts. 5. Apply the concepts of "default rules" and "freedom of contract."
The Parol Evidence Rule A hundred years ago, a law professor said of the parol evidence rule, "There are few things darker than this or fuller of subtle difficulties." Many students and professionals who have studied the rule would agree with that assessment. Hopefully this exercise will illuminate the rule. It does so by examining the functions served by the rule, taking the user through a series of questions that can be used to resolve most issues involving the application of the rule. The Uniform Commercial Code enactment of the rule is examined in detail. Learning Outcomes On completion of the lesson, the student will be able to: 1. Identify the evidence offered. 2. Determine the purpose for which the evidence is offered. 3. Explain how to determine the intent of the parties. 4. State the parol evidence rule. 5. Critique the purposes served by the rule.
Promises, Conditions, Warranties, and Representations These terms are the building blocks of contracts. This lesson provides an overview of them. After running the lesson, you should be able to distinguish the different terms, recognize them when you find them in a contract, understand the legal effects that follow from their use, and decide which one is appropriate to use when drafting a term in a contract. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between a promise, a condition, a warranty, and a representation. 2. Recognize these concepts when they are used in a contract. 3. Explain the legal effect of each concept. 4. Determine which concept to use when drafting a term in a contract.
Reliance Damages This lesson explores the remedy of reliance, which can be available both 1) where there is no contract and 2) where there is a contract and the non-breaching party chooses an alternative to the expectancy measure of damages. The lesson can be run either as an introduction to reliance or as a review after you have completed your study. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between reliance on a promise where there is no contract and reliance damages for breach of contract. 2. Apply the elements of Restatement § 90 to fact situations where there is no contract. 3. Determine which losses the non-breaching party can claim in reliance where there is a contract
Restitution This lesson explores the remedy of restitution, which can be available both where there is no contract and where there is a contract and the non-breaching party chooses an alternative to the expectancy measure of damages. The lesson can be run either as an introduction to restitution or as a review after you have completed your study. Learning Outcomes On completion of the lesson, the student will be able to: 1. Give examples of when restitution may be awarded where there is no contract. 2. Give examples of when restitution may be awarded when there is a contract. 3. Evaluate whether a breaching party may recover in restitution. 4. Describe how the amount of restitution may be calculated.
Specific Performance The principal remedies for breach of contract are specific performance and money damages. This lesson explores the circumstances in which a court is likely to award specific performance as a remedy. The lesson can be run either as an introduction to specific performance or as a review after you have completed your study. Learning Outcomes On completion of the lesson, the student will be able to: 1. Define specific performance. 2. Explain when a court is likely to award specific performance.
The Statute of Frauds The Statute of Frauds is among the defenses to contract formation. This exercise assists the student in determining whether a transaction is within the statute of frauds, whether the agreement is evidenced by a writing, and whether an exception applies. Learning Outcomes On completion of the lesson, the student will be able to: 1. Explain the policy behind the Statute of Frauds 2. Determine whether a particular agreement is within the Statute of Frauds. 3. Explain what it means for an oral agreement to be evidenced by a writing for purposes of the Statute of Frauds. 4. Determine when a particular oral agreement that is not evidenced by a writing is nevertheless enforceable.
Substantial Performance If a contracting party does not complete performance, that party is in breach. But if the party has given most of the promised performance, there may be substantial performance. Another way of saying this is that the breach is not material. This lesson examines the grounds for determining whether a breach is material and explores the consequences if it is. The lesson can be run either as an introduction to substantial performance or as a review after you have completed your study. Learning Outcomes On completion of the lesson, the student will be able to: 1. Define substantial performance. 2. Explain the U.C.C. "perfect tender rule." 3. Apply the concept of substantial performance to particular fact situations.
Unjust Terms (Unconscionability) This lesson presents an overview of unconscionability as a defense to contract formation or to particular clauses in the contract. Learning Outcomes On completion of the lesson, the student will be able to: 1. State the elements of a claim that a contract or a contract term is unconscionable. 2. Apply the elements of unconscionability to particular fact situations.
Void, Voidable and Unenforceable Contracts This is an overview of vocabulary used in the lessons on Defenses. You might wish to run it prior to running those lessons. Learning Outcomes On completion of the lesson, the student will be able to: 1. Distinguish between agreements that are void, voidable, and unenforceable. 2. Give examples of agreements that are a) void, b) voidable, and c) unenforceable.

Audio Downloads of Contracts Cases

The website for AudioCaseFiles allows you to download an audio version of the many important torts opinions as an MP3 file.

To register for an AudioCaseFiles account, go to: CourtroomView Network (CVN) and follow the instructions. If you have problems registering, please contact Beth Adelman at the Law Library for assistance.

For a list of audiorecorded opinions that are included in Farnsworth, et al., Contracts: Cases and Materials, 6th ed.

Here is a list of audiorecorded cases available for Professor Schegel's Contracts class:

Frigaliment Importing v. B.N.S. International Sales

Embry v. Hargadine, McKittrick Dry Goods Co.

McDonald v. Mobil Coal Producing

Empro Mfg. v. Ball-Co Mfg.

Idaho Power v. Westinghouse Electric

Goodman v. Dicker

D&G Stout v. Bacardi Imports

Wood v. Lucy, Lady Duff-Gordon

Eastern Air Lines v. Gulf Oil

Nanakuli Paving & Rock v. Shell Oil

Morin Building Products v. Baystone Construction Inc.

Jacob & Youngs v. Kent

Neri v. Retail Marine

Groves v. John Wunder

Wasserman's Inc. v. Township of Middleton

Contracts Study Aids

Hornbooks and other study aids provide additional perspectives and clarifications to your assigned reading. Do not rely on them exclusively.

Unless otherwise noted all texts are located in the Law Library's Study Aids Collection, which is located on the 7th floor of the Law Library.

Contracts by Randy E. Barnett Written by a leading expert in the field, The Oxford Introductions to U.S. Law: Contracts provides students with ready access to the basic doctrines of contract law, the story behind their evolution, and the rationales for their continued existence. An engaging book that allows students to grasp the "big picture" of contract law, it is organized around the principle that lies at the heart of contracts: consent. Beginning with the premise of "consent," the book provides a cohesive framework in which to understand the various aspects of contract law.
Call Number: KF801 .B37 2010
ISBN: 978-0199740185
Publication Date: 2010-04-21
Contracts by Joseph M. Perillo The author provides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, avoidance and reformation, third-party beneficiaries, assignments, and the statute of frauds. The discharge of contracts and illegal bargains are also the subject of separate chapters.
Call Number: KF801 .C26 2014
ISBN: 978-0314287700
Publication Date: 2014-01-01
Chirelstein's Concepts and Case Analysis in the Law of Contracts, 7th (Concepts and Insights Series) by Marvin A. Chirelstein Recommended in more than 100 schools, the updated seventh edition of Concepts and Case Analysis in the Law of Contracts is a readable primer that offers first-year law students a reliable overview of the major themes and leading cases in the field of the law of contracts. This contracts primer is straightforward and uncluttered, covering the main themes of the first-year contracts course, together with related cases.
Call Number: KF801 .C44 2013
ISBN: 978-1609303303
Publication Date: 2013-06-03
Principles of Contract Law by Robert Hillman This overview of contract law explains concepts clearly and concisely, in an informal, humorous style. For ease of reading and understanding, the book refrains from including complex textual footnotes. Instead, the footnotes cite cases, with most including short quotations to substantiate assertions made in the text. The book also contains numerous examples and illustrations. Cross references enable readers to review concepts that constitute building blocks for the current material.
Call Number: KF801 .H529 2014
ISBN: 978-0314288943
Publication Date: 2013-12-06
Mastering Contract Law by Irma S. Russell; Barbara K. Bucholtz Mastering Contract Law explores the basic principles and purposes of contract law, including a discussion of background principles and traditions of private ordering. The book explains contract formation, interpretation, and the requirement of written evidence for enforcement of certain types of promises. It explores the themes and doctrines of reliance, restitution, and the importance of public policy in contract law. Chapters include all of the areas of contract law typically covered in the first-year course, including the bargained-for exchange, unenforceable contracts, performance and breach, obstacles to performance, modification, pre-contractual obligation, remedies and damages, and stakeholders other than contracting parties, including the third-party beneficiary doctrine, delegation and assignment. The organization of the book reflects the five sequential questions that frame the thought processes of lawyers and judges dealing with contracts issues. For example, before considering whether a party s conduct amounts to a breach, a judge would answer the question whether the parties had indeed formed a contract. In addition to explaining the major cases traditionally covered in contracts classes, the authors present common-sense examples and hypotheticals in order to link student intuitions about fairness and competition to the law of contracting.
Call Number: KF801 .R87 2011
ISBN: 978-1594602870
Publication Date: 2011-05-01
Contracts by Brian A. Blum A favorite among successful students, and often recommended by professors, the unique Examples & Explanations series gives you extremely clear introductions to concepts followed by realistic examples that mirror those presented in the classroom throughout the semester. Use at the beginning and midway through the semester to deepen your understanding through clear explanations, corresponding hypothetical fact patterns, and analysis. Then use to study for finals by reviewing the hypotheticals as well as the structure and reasoning behind the accompanying analysis. Designed to complement your casebook, the trusted Examples & Explanations titles get right to the point in a conversational, often humorous style that helps you learn the material each step of the way and prepare for the exam at the end of the course. The unique, time-tested Examples & Explanations series is invaluable to teach yourself the subject from the first day of class until your last review before the final. Each guide: helps you learn new material by working through chapters that explain each topic in simple language challenges your understanding with hypotheticals similar to those presented in class provides valuable opportunity to study for the final by reviewing the hypotheticals as well as the structure and reasoning behind the corresponding analysis quickly gets to the point in conversational style laced with humor remains a favorite among law school students is often recommended by professors who encourage the use of study guides works with ALL the major casebooks, suits any class on a given topic provides an alternative perspective to help you understand your casebook and in-class lectures
Call Number: KF801 .Z9 B58 2013
ISBN: 978-1454815471
Publication Date: 2013-05-06
Sum and Substance by Robert D. Brain Quick Review of Contracts is a short, clear, concise, and substantive outline. It is designed to make the study of law clear and convenient, and it is designed to help students prepare for their law school exams. The main body is an outline of the substantive content that a stuent needs to prepare for a law school exam. The concise format provides a "Big Picture" overview allowing students to review the subject quickly prior to final exams.
Call Number: KF801 .Z9 B73 2013
ISBN: 978-0314280343
Publication Date: 2013-01-18
Exam Pro on Contracts, Essay by Robert D. Brain This Exam Pro consists of essay questions actually given by Contracts professors throughout the United States. Every question contains a detailed explanation, along with analytical steps explained in easy-to-understand, basic language, and a step-by-step guide on how to analyze each major issue. Both Professor âeoemodelâe answers and student âeoeactualâe answers are provided to allow students to get a feel for all the issues that could have been discussed on some questions, and what is realistic for a student to actually answer under timed conditions. The Preface includes tips on how to take essay exams. A general âeoeList of Issuesâe covered on each question is provided, so the student can decide whether or not to use a particular question given the course coverage in the studentâe(tm)s Contracts class. Similarly, an âeoeIndex of Issuesâe is provided so the student can easily find all the questions that deal with a particular substantive issue which allows for repetitive testing on a troublesome issue. Each answer includes cross-references to the applicable sections of the Restatement (Second) Contracts and the Uniform Commercial Code, and citations to the more important cases in Contracts law, allowing the student to easily match the subject matter of the question to his or her outline and class discussion. Cross-references are included in every answer to relevant portions of Sum & Substance: Quick Review of Contracts, allowing for easy reference if more substantive knowledge is either needed or desired.
Call Number: KF801 .Z9 B735 2014
ISBN: 978-0314286048
Publication Date: 2014-01-15
Exam Pro on Contracts, Objective by Robert D. Brain This Exam Pro includes over 330 objective questions covering every substantive area of Contract Law. Each answer choice includes detailed explanations as to why the correct answer was correct, and why each of the other choices was incorrect. Elements and rules for the most tested issues in Contract Law are explained in easy-to-understand, basic language, along with a step-by-step guide on how to analyze each type of question. Liberal citation to the applicable sections of the Restatement (Second) Contracts and the Uniform Commercial Code, and citations to the more important cases in Contracts law, allows the student to easily match the question to his or her outline and class discussion. Also included are tips on how to best use practice multiple choice questions to prepare for graded exams, and selected explanations of how professors construct multiple choice questions and how to avoid common "distracters."
Call Number: KF801 .Z9 B736 2014
ISBN: 0314285962
Publication Date: 2013-11-20
Emanuel Law Outline by Steven Emanuel Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. Emanuel Law Outline Features: #1 outline choice among law students Comprehensive review of all major topics Capsule summary of all topics Cross-reference table of cases Time-saving format Great for exam prep
Call Number: KF801 .Z9 E56 2015
ISBN: 978-1454870142
Publication Date: 2015-10-06
Emanuel Crunchtime by Steven Emanuel Emanuel CrunchTime provides the right information, in the right format, at the right time to prepare for exams. Based on the trusted Emanuel Law Outlines developed by a Harvard law student (while he was in law school), Emanuel CrunchTime skillfully employs flow charts so you can walk step-by-step through the major principles and topics in the course in a pattern that can be used to analyze any exam question. Abundant tips and ample review features help you approach the final with confidence. The Capsule Summary allows you to quickly review key concepts, and you can test your knowledge by working through the many Short-Answer QandA s. CrunchTime lets you practice your essay exam skills as well. Exams Tips based on hundreds of past law school and bar exam questions recap the legal issues commonly tested. CrunchTime study aids structure the maximum amount of information you can learn in the last week before exams. Developed for students by a Harvard law student (while he was in law school), Emanuel CrunchTime titles provide the trusted guidance of Emanuel Law Outlines in a tighter, briefer format for quick review at exam time. Flow Charts walk you through a series of yes/no questions that can be used to analyze any question on the exam. The Capsule Summary allows you to quickly review key concepts. You can test your knowledge by working through the ample Short-Answer QandA s, which are organized by topic. Exams Tips often based on hundreds of past law school and bar exam questions recap the legal issues commonly tested on exams for you. They explore fact patterns typically used to test those issues. CrunchTime allows you to practice your essay exam skills by answering questions asked on past exams. Flowcharts help you craft compelling essays, and you can compare your answers to the samples provided. CrunchTime aids structure the maximum amount of information you can learn in the last week before exams. Uniform in writing style and approach, you can be confident that any title in the series is of consistent quality. Every title is frequently updated and reviewed against new developments and recent cases covered in the leading casebooks.
Call Number: KF801 .Z9 E563 2012
ISBN: 978-1454809180
Publication Date: 2012-06-13
A Short and Happy Guide to Contracts by Bruce A. Markell; David G. Epstein; Lawrence Ponoroff This efficient and exceedingly effective guide to Contracts will help you see the big picture. The authors focus on making the key concepts of contract law, and the relationship among those concepts, easier to understand and retain. The authors have also infused the book with humor, believing there is nothing inconsistent between a rigorous academic experience and having a little fun. Each of the authors is nationally-renowned law teacher who has taught Contracts for decades. Based on that experience, in this book they have set forth understandable techniques for mastering the law governing each critical aspect of the contract relationship, including, contract formation (offer and acceptance), enforcement (consideration and defenses), interpretation, performance, breach, and remedies. Learn more about this series at ShortandHappyGuides.com.
Call Number: KF801 .Z9 E674 2012
ISBN: 978-0314277930
Publication Date: 2012-01-11
Understanding Contracts by Jeffrey Thomas Ferriell This Understanding treatise is designed for first-year law students enrolled in Contracts. The text explains common law principles of contract law using cases and examples that students commonly encounter in this first-year course. It draws illustrations from the Restatement (Second) of Contracts, and from Article 2 of the Uniform Commercial Code as it has been adopted in all fifty states. This edition includes expanded material on the United Nations Convention on the International Sale of Goods, and the UNIDROIT Principles of International Commercial Contracts, appropriate to a basic course in Contracts, and on modern statutes regarding electronic contracting. Understanding Contracts was written with the understanding that Contracts will be one of the most challenging courses first-year law students will take. It explains how key concepts apply in several recurring basic fact patterns. It then builds on those fact patterns to explain how the law is more difficult to apply in business transactions with more complex facts. A key feature of Understanding Contracts, that is not found in other similar books, is its conscious incorporation of basic explanations of the common business practices to which the law of contracts applies. The feature helps students, many of whom have not had any background in the business world, understand contract law in the business settings in which it frequently applies. The book also provides detailed topic headings that students can use to develop their own comprehensive course outline.
Call Number: KF801 .Z9 F46 2014
ISBN: 978-0769898087
Publication Date: 2014-05-01
Questions and Answers by Scott J. Burnham; Keith A. Rowley Understand better what you're learning in Contracts class and prepare effectively for exams by applying concepts as you learn them. This study guide includes 230 multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of 20 questions comprising a comprehensive "practice exam." For each multiple-choice question, Professor Rowley provides a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, Professor Rowley provides a thoughtful, comprehensive, yet brief model answer.
Call Number: KF801 .Z9 R69 2014
ISBN: 978-1630431495
Publication Date: 2014-01-01
Glannon Guide to Contracts by Theodore Silver This student-friendly study guide offers a clear, concise and complete explanation of contract law through skillful use of multiple-choice questions. Addressing all topics covered in standard first-year contract courses, it provides an expository review of key points of law and illustrative scenarios, followed by probing multiple-choice questions. All possible answers are deconstructed through careful explanation and analysis, leading the student through the logic of why the correct answer was correct and, importantly, why the others were not. Important test-taking techniques and tactics receive thorough coverage throughout the text, making The Glannon Guide to Contracts an invaluable aid for first-year students trying to navigate the complexities of contract law. Distinguishing features of The Glannon Guide to Contracts: Highly accessible, user-friendly style that immediately engages students. Comprehensive coverage of all first-year law contract course material. A thorough, expository review of the key points of law precede all questions and prepares students to answer and learn from the multiple choice questions it incorporates. Skillfully crafted multiple-choice questions are challenging but wholly answerable by one who has mastered the preceding text All answers are deconstructed through clear, elaborate analyses showing why the right answer is right and the wrong answers are wrong. Provides tactics and strategies for converting substantive mastery to correct answers on multiple-choice questions. Invaluable exam-taking tactics and techniques set forth at various strategic points within the text. Flexible approach is equally useful to all students, whether their professors administer multiple-choice exams, essay exams, or both. Each chapter concludes with a "Closer," - a particularly challenging question that encourages students to push their mastery of the topic to a more sophisticated level. "Closing Closers" appear in the book's final chapter, cumulatively addressing all concepts covered in the text
Call Number: KF801 .Z9 S526 2013
ISBN: 978-0735557963
Publication Date: 2012-10-01

Some Sources of Contract Law

Historically contract law has been judge-made law. In other words, the rules and doctrines of contract law emerge and evolve as judges make decisions in private litigation. The Restatement of Contracts distills the concepts and rules articulated in contract decisions and presents them in a conceptually organized format. Besides stating rules and principles, the Restatement also includes lengthy comments explaining those rules and principles as well as examples to illustrate their application. Students should bear in mind that the Restatement in itself has no precedential value, although it can acquire precedential value to the extent that courts recognize and adopt particular provisions.

Article 2 of the Uniform Commercial Code outlines a framework of rules to govern "transactions in goods." Article 2 has been enacted into law in every state except Louisiana. It has also been adopted in the District of Columbia and the U.S. Virgin Islands. Note that while the versions of Article 2 adopted in different states are very similar, there is some minor variation from state to state.

For the text of UCC Article 2 and comments (as amended through 1994).

Study Aids Online

West Study Aids database
Online access to more than 500 study aids including case briefs, outlines, overviews and exam prep titles. Series include:

Acing Series
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Career Guides
Concepts and Insights
Concise Hornbook Series
Exam Pro Series
Flash Cards
Gilbert Law Summaries
High Court Case Summaries
Law School Legends Audio Series
Law Stories
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Nutshells
Quick Reviews
Short & Happy Guides
Sum and Substance Audio

Contracts Resources from Koren A/V

The Koren A/V Center, located on the Fifth floor of the Law Library, provides audio lectures on Contracts.

Contracts by David G. Epstein With Law School Legends, students get a brilliant law school professor explaining an entire subject in one simple, dynamic lecture. In these audio CDs, Professor David Epstein explains the important contract law concepts, the relationship among those concepts, and how a student can use the concepts to answer any question a professor might ask in class or on the exam.
Call Number: KF801 .E67 2012
ISBN: 978-0314282590
Publication Date: 2013-04-26
Sum and Substance Audio on Contracts by Douglas J. Whaley Convenient and effective Sum and Substance audio lecture presents the essentials of contract law in a clear, succinct, time-saving format. Sections discuss: offer and acceptance, consideration, definition, sufficiency, adequacy, forbearance, past consideration, preexisting-duty rule, payment-in-full checks, promissory estoppel, statute of frauds, parole evidence rule, mistake, fraud, duress, undue influence, illegality, incapacity, unconscionability, impossibility, conditions and promises, anticipatory repudiation, third-party beneficiaries, assignment and delegation, and remedies.
Call Number: KF801 .W49 2007
ISBN: 9780314180650
Publication Date: 2008-03-25

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