Life of a Law Student » Contracts http://www.lifeofalawstudent.com The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Mon, 11 Aug 2008 15:05:02 +0000 http://wordpress.org/?v=2.6 en http://www.lifeofalawstudent.com http://www.lifeofalawstudent.com//wp-content/themes/fleur/img/fdl_icon.gif Life of a Law Student ©Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com (Rob Wiltbank and the LoaLS Team) rob@lifeofalawstudent.com(Rob Wiltbank and the LoaLS Team) 1440 law school, law student, legal, law, court, school, constitution, criminal To make as much legal knowledge and information freely available, to as many people, in as many ways, as is possiblehellip; The Life of a Law Student project chronicles the material presented to and learned by law students across the country and around the world. The project was created by Neil Wehneman, an incoming transfer student at Indiana University at Indianapolis and led by Rob Wiltbank, a Criminal Justice undergrad at Delaware Tech and the University of Delaware. Feeds are segmented by course. Rob Wiltbank and the LoaLS Team Rob Wiltbank and the LoaLS Team rob@lifeofalawstudent.com No no http://www.lifeofalawstudent.com/images/podcast.jpg Life of a Law Student http://www.lifeofalawstudent.com 144 144 Contracts #40: Closing Out http://www.lifeofalawstudent.com/2006/01/11/contracts-40-closing-out/ http://www.lifeofalawstudent.com/2006/01/11/contracts-40-closing-out/#comments Thu, 12 Jan 2006 00:19:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=304 In this episode I close out the course and explain what’s ahead for Contracts.

]]> http://www.lifeofalawstudent.com/2006/01/11/contracts-40-closing-out/feed/ 1:42 In this episode I close out the course and explain what's ahead for Contracts. In this episode I close out the course and explain what's ahead for Contracts. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #39: Restitution Damages and Specific Performance http://www.lifeofalawstudent.com/2006/01/06/contracts-39-restitution-damages-and-specific-performance/ http://www.lifeofalawstudent.com/2006/01/06/contracts-39-restitution-damages-and-specific-performance/#comments Fri, 06 Jan 2006 23:49:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=305 We finally come to our final contracts episode. Here we will look at the restitution interest, and the possible remedy of specific performance.

United States ex rel. Coastal Steel Erectors, Inc. v. Algernon Blair, Inc.
City Stores Co. v. Ammerman

]]> http://www.lifeofalawstudent.com/2006/01/06/contracts-39-restitution-damages-and-specific-performance/feed/ 17:58 We finally come to our final contracts episode. Here we will look at the restitution interest, and the possible remedy of specific performance. United States ... We finally come to our final contracts episode. Here we will look at the restitution interest, and the possible remedy of specific performance. United States ex rel. Coastal Steel Erectors, Inc. v. Algernon Blair, Inc. City Stores Co. v. Ammerman 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #38: Reliance Damages http://www.lifeofalawstudent.com/2006/01/06/contracts-38-reliance-damages/ http://www.lifeofalawstudent.com/2006/01/06/contracts-38-reliance-damages/#comments Fri, 06 Jan 2006 23:46:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=306 Sometimes, for reasons discussed in earlier episodes, expectation damages will not be allowable. Other times, the expected damages will be zero or negative (ie the breached contract was a losing one). In those instances reliance or restitution damages might be requested. We will examine these alternate theories of recovery in the next two episodes.

Wartzman v. Hightower Productions
Walser v. Toyota Motor Sales

]]> http://www.lifeofalawstudent.com/2006/01/06/contracts-38-reliance-damages/feed/ 19:44 Sometimes, for reasons discussed in earlier episodes, expectation damages will not be allowable. Other times, the expected damages will be zero or negative (ie ... Sometimes, for reasons discussed in earlier episodes, expectation damages will not be allowable. Other times, the expected damages will be zero or negative (ie the breached contract was a losing one). In those instances reliance or restitution damages might be requested. We will examine these alternate theories of recovery in the next two episodes. Wartzman v. Hightower Productions Walser v. Toyota Motor Sales 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #37: Agreed Remedies http://www.lifeofalawstudent.com/2006/01/06/contracts-37-agreed-remedies/ http://www.lifeofalawstudent.com/2006/01/06/contracts-37-agreed-remedies/#comments Fri, 06 Jan 2006 23:41:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=307 The expectation damages analysis can be circumvented if the parties agree in advance what the damages for breach would be. However, these agreed remedies (or “liquidated damages”) are not always allowed by courts, as they often serve as a penalty and not simply a forecast of actual damage.

Wasserman’s Inc. v. Township of Middletown

]]> http://www.lifeofalawstudent.com/2006/01/06/contracts-37-agreed-remedies/feed/ 16:04 The expectation damages analysis can be circumvented if the parties agree in advance what the damages for breach would be. However, these agreed remedies ... The expectation damages analysis can be circumvented if the parties agree in advance what the damages for breach would be. However, these agreed remedies (or "liquidated damages") are not always allowed by courts, as they often serve as a penalty and not simply a forecast of actual damage. Wasserman's Inc. v. Township of Middletown 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #36: Mitigation http://www.lifeofalawstudent.com/2006/01/06/contracts-36-mitigation/ http://www.lifeofalawstudent.com/2006/01/06/contracts-36-mitigation/#comments Fri, 06 Jan 2006 23:38:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=308 We now turn to the mitigation limit on expectation damages. What must a plaintiff in a breach action do in order to mitigate damages?

Rockingham County v. Luten Bridge Co.
Boehm v. American Broadcasting Corp

]]> http://www.lifeofalawstudent.com/2006/01/06/contracts-36-mitigation/feed/ 16:23 We now turn to the mitigation limit on expectation damages. What must a plaintiff in a breach action do in order to mitigate damages? Rockingham ... We now turn to the mitigation limit on expectation damages. What must a plaintiff in a breach action do in order to mitigate damages? Rockingham County v. Luten Bridge Co. Boehm v. American Broadcasting Corp 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #35: General and Special Damages http://www.lifeofalawstudent.com/2006/01/06/contracts-35-general-and-special-damages/ http://www.lifeofalawstudent.com/2006/01/06/contracts-35-general-and-special-damages/#comments Fri, 06 Jan 2006 23:37:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=309 We continue our discussion of expectation damages by looking at the forseeability element. General and special damages will be examined and differentiated.

Hadley v. Baxendale
Florafax International, Inc. v. GTE Market Resources, Inc.

]]> http://www.lifeofalawstudent.com/2006/01/06/contracts-35-general-and-special-damages/feed/ 17:08 We continue our discussion of expectation damages by looking at the forseeability element. General and special damages will be examined and differentiated. Hadley v. Baxendale Florafax ... We continue our discussion of expectation damages by looking at the forseeability element. General and special damages will be examined and differentiated. Hadley v. Baxendale Florafax International, Inc. v. GTE Market Resources, Inc. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #34: Expectation Damages http://www.lifeofalawstudent.com/2005/12/06/contracts-34-expectation-damages-i/ http://www.lifeofalawstudent.com/2005/12/06/contracts-34-expectation-damages-i/#comments Tue, 06 Dec 2005 22:22:53 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=310 We now examine one of the most frequent ways of determining damages:the expectations of the injured party. We will discuss and apply the expectation damages calculation formulated by the famous Prof. Farnesworth.

Turner v. Benson
Handicapped Children’s Education Board v. Lukaszewski

]]> http://www.lifeofalawstudent.com/2005/12/06/contracts-34-expectation-damages-i/feed/ 36:34 We now examine one of the most frequent ways of determining damages:the expectations of the injured party. We will discuss and apply the expectation ... We now examine one of the most frequent ways of determining damages:the expectations of the injured party. We will discuss and apply the expectation damages calculation formulated by the famous Prof. Farnesworth. Turner v. Benson Handicapped Children's Education Board v. Lukaszewski 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #33: Express Conditions http://www.lifeofalawstudent.com/2005/12/05/contracts-33-express-conditions/ http://www.lifeofalawstudent.com/2005/12/05/contracts-33-express-conditions/#comments Mon, 05 Dec 2005 13:08:04 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=311 Express conditions are a way for the parties to structure which duties come due when. Oftentimes the non-occurrence of an express condition will prevent a contract from even being formed in the first place. We will also contrast express conditions with contractual duties, inasmuch as the doctrine of substantial performance is concerned.

Oppenheimer & Co. v. Oppenheim, Appel, Dixon, & Co.
JNA Realty Corp. v. Cross Bay Chelsea, Inc.
Morin Building Products Co. v. Baystone Construction, Inc.

]]> http://www.lifeofalawstudent.com/2005/12/05/contracts-33-express-conditions/feed/ 20:24 Express conditions are a way for the parties to structure which duties come due when. Oftentimes the non-occurrence of an express condition will prevent ... Express conditions are a way for the parties to structure which duties come due when. Oftentimes the non-occurrence of an express condition will prevent a contract from even being formed in the first place. We will also contrast express conditions with contractual duties, inasmuch as the doctrine of substantial performance is concerned. Oppenheimer Co. v. Oppenheim, Appel, Dixon, Co. JNA Realty Corp. v. Cross Bay Chelsea, Inc. Morin Building Products Co. v. Baystone Construction, Inc. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #32: Changed Circumstances http://www.lifeofalawstudent.com/2005/12/05/contracts-32-changed-circumstances/ http://www.lifeofalawstudent.com/2005/12/05/contracts-32-changed-circumstances/#comments Mon, 05 Dec 2005 13:06:14 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=312 Change happens. Sometimes, that change is sufficient for a court to release one party to a contract from their duties. We will examine frustration, impracticability, and impossibility in this episode.

Karl Wendt Farm Equipment Co. v. International Harvester
Mel Frank Tool & Supply, Inc. v. Di-Chem Co.

]]> http://www.lifeofalawstudent.com/2005/12/05/contracts-32-changed-circumstances/feed/ 21:21 Change happens. Sometimes, that change is sufficient for a court to release one party to a contract from their duties. We will examine ... Change happens. Sometimes, that change is sufficient for a court to release one party to a contract from their duties. We will examine frustration, impracticability, and impossibility in this episode. Karl Wendt Farm Equipment Co. v. International Harvester Mel Frank Tool Supply, Inc. v. Di-Chem Co. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #31: Breach III http://www.lifeofalawstudent.com/2005/12/05/contracts-31-breach-iii/ http://www.lifeofalawstudent.com/2005/12/05/contracts-31-breach-iii/#comments Mon, 05 Dec 2005 07:07:32 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=313 We will briefly examine constructive conditions before transitioning onto repudiation. We’ll determine what remedies are available to someone who reasonably believes that the other party is about to breach (ie anticipatory repudiation). This episode will conclude our discussion of breach.

Truman L. Flatt & Sons Co. v. Schupf
Hornell Brewing Co. v. Spry

]]> http://www.lifeofalawstudent.com/2005/12/05/contracts-31-breach-iii/feed/ 19:13 We will briefly examine constructive conditions before transitioning onto repudiation. We'll determine what remedies are available to someone who reasonably believes that the other ... We will briefly examine constructive conditions before transitioning onto repudiation. We'll determine what remedies are available to someone who reasonably believes that the other party is about to breach (ie anticipatory repudiation). This episode will conclude our discussion of breach. Truman L. Flatt Sons Co. v. Schupf Hornell Brewing Co. v. Spry 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #30: Breach II http://www.lifeofalawstudent.com/2005/11/30/contracts-30-breach-ii/ http://www.lifeofalawstudent.com/2005/11/30/contracts-30-breach-ii/#comments Wed, 30 Nov 2005 11:43:12 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=314 What is the difference between a material breach and an immaterial breach? Once we have a material breach, what’s the difference between a partial breach and a total one? We’ll attempt to illuminate the subject in this episode.

Sackett v. Spindler

]]> http://www.lifeofalawstudent.com/2005/11/30/contracts-30-breach-ii/feed/ 14:20 What is the difference between a material breach and an immaterial breach? Once we have a material breach, what's the difference between a partial ... What is the difference between a material breach and an immaterial breach? Once we have a material breach, what's the difference between a partial breach and a total one? We'll attempt to illuminate the subject in this episode. Sackett v. Spindler 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #29: Breach I http://www.lifeofalawstudent.com/2005/11/30/contracts-29-breach-i/ http://www.lifeofalawstudent.com/2005/11/30/contracts-29-breach-i/#comments Wed, 30 Nov 2005 11:42:16 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=315 Studying contracts can get much more exciting when a party breaches their contract. We’ll examine what a breach is, and see how the doctrine of substantial performance can apply to immaterial breaches.

Jacobs & Young v. Kent

]]> http://www.lifeofalawstudent.com/2005/11/30/contracts-29-breach-i/feed/ 13:23 Studying contracts can get much more exciting when a party breaches their contract. We'll examine what a breach is, and see how the doctrine ... Studying contracts can get much more exciting when a party breaches their contract. We'll examine what a breach is, and see how the doctrine of substantial performance can apply to immaterial breaches. Jacobs Young v. Kent 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #28: Parol Evidence II http://www.lifeofalawstudent.com/2005/11/30/contracts-28-parol-evidence-ii/ http://www.lifeofalawstudent.com/2005/11/30/contracts-28-parol-evidence-ii/#comments Wed, 30 Nov 2005 11:40:56 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=316 In this episode we will discuss patent and latent ambiguities, while also looking at situations where the parol evidence rule does not apply at all. Finally, we will conclude by looking at an example case.

Taylor v. State Farm Mutual Automobile Insurance Corp

]]> http://www.lifeofalawstudent.com/2005/11/30/contracts-28-parol-evidence-ii/feed/ 15:25 In this episode we will discuss patent and latent ambiguities, while also looking at situations where the parol evidence rule does not apply at all. ... In this episode we will discuss patent and latent ambiguities, while also looking at situations where the parol evidence rule does not apply at all. Finally, we will conclude by looking at an example case. Taylor v. State Farm Mutual Automobile Insurance Corp 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #27: Parol Evidence I http://www.lifeofalawstudent.com/2005/11/30/contracts-27-parol-evidence-i/ http://www.lifeofalawstudent.com/2005/11/30/contracts-27-parol-evidence-i/#comments Wed, 30 Nov 2005 11:38:16 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=317 In this episode we will get an introduction to the parol evidence rule, and when it can be invoked.

Thompson v. Libby

]]> http://www.lifeofalawstudent.com/2005/11/30/contracts-27-parol-evidence-i/feed/ 10:30 In this episode we will get an introduction to the parol evidence rule, and when it can be invoked. Thompson v. Libby In this episode we will get an introduction to the parol evidence rule, and when it can be invoked. Thompson v. Libby 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #26: Interpretation Overview II http://www.lifeofalawstudent.com/2005/11/07/contracts-26-intrepretation-overview-ii/ http://www.lifeofalawstudent.com/2005/11/07/contracts-26-intrepretation-overview-ii/#comments Mon, 07 Nov 2005 06:27:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=318 We continue our discussion of contractual interpretation. We will also look at ten canons of construction that judges often use when interpreting contracts.

C & J Fertilizer, Inc. v. Allied Mutual Insurance Co. (no link available)

]]> http://www.lifeofalawstudent.com/2005/11/07/contracts-26-intrepretation-overview-ii/feed/ Contracts #25: Interpretation Overview I http://www.lifeofalawstudent.com/2005/11/07/contracts-25-interpretation-overview-i/ http://www.lifeofalawstudent.com/2005/11/07/contracts-25-interpretation-overview-i/#comments Mon, 07 Nov 2005 06:12:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=319 We have a contract, with lots and lots of big words within it. What do we do when the parties who created the contract can’t agree on what those words mean? Welcome to the subject of contractual interpretation.

Frigaliment Importing Co. v. B.N.S. International Sales Corp.
Joyner v. Adams (no link available)

]]> http://www.lifeofalawstudent.com/2005/11/07/contracts-25-interpretation-overview-i/feed/ 17:26 We have a contract, with lots and lots of big words within it. What do we do when the parties who created the contract ... We have a contract, with lots and lots of big words within it. What do we do when the parties who created the contract can't agree on what those words mean? Welcome to the subject of contractual interpretation. Frigaliment Importing Co. v. B.N.S. International Sales Corp. Joyner v. Adams (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #24: Statute of Frauds II http://www.lifeofalawstudent.com/2005/11/07/contracts-24-statute-of-frauds-ii/ http://www.lifeofalawstudent.com/2005/11/07/contracts-24-statute-of-frauds-ii/#comments Mon, 07 Nov 2005 06:07:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=320 We continue our discussion of the Statute of Frauds. We also spend some time exploring the UCC’s view of the Statute, along with some explanation of one-year provision within the Statute.

Alaska Democratic Party v. Rice

Buffaloe v. Hart (no link available)

]]> http://www.lifeofalawstudent.com/2005/11/07/contracts-24-statute-of-frauds-ii/feed/ 19:23 We continue our discussion of the Statute of Frauds. We also spend some time exploring the UCC's view of the Statute, along with some ... We continue our discussion of the Statute of Frauds. We also spend some time exploring the UCC's view of the Statute, along with some explanation of one-year provision within the Statute. Alaska Democratic Party v. Rice Buffaloe v. Hart (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #23: Statute of Frauds I http://www.lifeofalawstudent.com/2005/11/07/contracts-23-statute-of-frauds-i/ http://www.lifeofalawstudent.com/2005/11/07/contracts-23-statute-of-frauds-i/#comments Mon, 07 Nov 2005 06:01:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=321 We finally get around to discussing and (hopefully) understanding the Statute of Frauds. In a nutshell, the Statute of Frauds govern under what circumstances a contract must be in writing, and what “in writing” means.

Crabtree v. Elizabeth Arden Sales Corp.
Winternitz v. Summit Hills Joint Venture (no link available)

]]> http://www.lifeofalawstudent.com/2005/11/07/contracts-23-statute-of-frauds-i/feed/ 21:54 We finally get around to discussing and (hopefully) understanding the Statute of Frauds. In a nutshell, the Statute of Frauds govern under what circumstances ... We finally get around to discussing and (hopefully) understanding the Statute of Frauds. In a nutshell, the Statute of Frauds govern under what circumstances a contract must be in writing, and what "in writing" means. Crabtree v. Elizabeth Arden Sales Corp. Winternitz v. Summit Hills Joint Venture (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #22: Modification of Contracts http://www.lifeofalawstudent.com/2005/10/31/contracts-22-modification-of-contracts/ http://www.lifeofalawstudent.com/2005/10/31/contracts-22-modification-of-contracts/#comments Mon, 31 Oct 2005 23:24:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=322 Circumstances change, and sometimes contracts need to be modified. When are these modifications binding?

Alaska Packers’ Association v. Domenico
Kelsey-Hayes Co. v. Galtaco Redlaw Castings Corp. (no link available)

]]> http://www.lifeofalawstudent.com/2005/10/31/contracts-22-modification-of-contracts/feed/ 16:59 Circumstances change, and sometimes contracts need to be modified. When are these modifications binding? Alaska Packers' Association v. Domenico Kelsey-Hayes Co. v. Galtaco Redlaw Castings Corp. ... Circumstances change, and sometimes contracts need to be modified. When are these modifications binding? Alaska Packers' Association v. Domenico Kelsey-Hayes Co. v. Galtaco Redlaw Castings Corp. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #21: Warranties http://www.lifeofalawstudent.com/2005/10/31/contracts-21-warranties/ http://www.lifeofalawstudent.com/2005/10/31/contracts-21-warranties/#comments Mon, 31 Oct 2005 22:46:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=323 What warranties and obligations are imposed by law on those who sell goods? Can those warranties and obligations be disclaimed? In this episode we will examine express warranties, and implied warranties of merchantability or fitness for a particular purpose.

Bayliner Marine Corp. v. Crow (DOC)
Caceci v. Di Canio Construction Corp. (no link available)

]]> http://www.lifeofalawstudent.com/2005/10/31/contracts-21-warranties/feed/ 27:50 What warranties and obligations are imposed by law on those who sell goods? Can those warranties and obligations be disclaimed? In this episode ... What warranties and obligations are imposed by law on those who sell goods? Can those warranties and obligations be disclaimed? In this episode we will examine express warranties, and implied warranties of merchantability or fitness for a particular purpose. Bayliner Marine Corp. v. Crow (DOC) Caceci v. Di Canio Construction Corp. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #20: Requirements Contracts http://www.lifeofalawstudent.com/2005/10/20/contracts-20-requirements-contracts/ http://www.lifeofalawstudent.com/2005/10/20/contracts-20-requirements-contracts/#comments Fri, 21 Oct 2005 03:54:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=324 A requirements contract is one in which a buyer agrees to purchase all of a commodity that they require from a (generally larger) vendor. However, requirements necessarily vary from year to year, so how do we intepret these contracts? In this episode we will also briefly discuss output contracts, which are very similar in structure.

Empire Gas Corp. v. American Bakeries Co. (no link available)

]]> http://www.lifeofalawstudent.com/2005/10/20/contracts-20-requirements-contracts/feed/ 15:32 A requirements contract is one in which a buyer agrees to purchase all of a commodity that they require from a (generally larger) vendor. ... A requirements contract is one in which a buyer agrees to purchase all of a commodity that they require from a (generally larger) vendor. However, requirements necessarily vary from year to year, so how do we intepret these contracts? In this episode we will also briefly discuss output contracts, which are very similar in structure. Empire Gas Corp. v. American Bakeries Co. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #19: Good Faith http://www.lifeofalawstudent.com/2005/10/20/contracts-19-good-faith/ http://www.lifeofalawstudent.com/2005/10/20/contracts-19-good-faith/#comments Fri, 21 Oct 2005 03:50:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=325 We will briefly examine the concept of “good faith” in this episode. Our featured case involves a sordid triangle between Clint Eastwood, his former lover, and the Warner Brothers studio.

Locke v. Warner Bros. (no link available)

]]> http://www.lifeofalawstudent.com/2005/10/20/contracts-19-good-faith/feed/ 12:26 We will briefly examine the concept of "good faith" in this episode. Our featured case involves a sordid triangle between Clint Eastwood, his former ... We will briefly examine the concept of "good faith" in this episode. Our featured case involves a sordid triangle between Clint Eastwood, his former lover, and the Warner Brothers studio. Locke v. Warner Bros. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #18: Implied Terms http://www.lifeofalawstudent.com/2005/10/20/contracts-18-implied-terms/ http://www.lifeofalawstudent.com/2005/10/20/contracts-18-implied-terms/#comments Fri, 21 Oct 2005 03:42:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=326 Is a court constrained to the literal text of the contract in front of it? Of course not! Implied-in-law and implied-in-fact terms help a court to flesh out an agreement beyond the page itself.

Wood v. Lucy, Lady Duff-Gordon
Leibel v. Raynor Manufacturing Co. (no link available)

]]> http://www.lifeofalawstudent.com/2005/10/20/contracts-18-implied-terms/feed/ 13:59 Is a court constrained to the literal text of the contract in front of it? Of course not! Implied-in-law and implied-in-fact terms help ... Is a court constrained to the literal text of the contract in front of it? Of course not! Implied-in-law and implied-in-fact terms help a court to flesh out an agreement beyond the page itself. Wood v. Lucy, Lady Duff-Gordon Leibel v. Raynor Manufacturing Co. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #17: Gateway Cases (Terms After Sale) http://www.lifeofalawstudent.com/2005/10/20/contracts-17-gateway-cases-terms-after-sale/ http://www.lifeofalawstudent.com/2005/10/20/contracts-17-gateway-cases-terms-after-sale/#comments Fri, 21 Oct 2005 03:34:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=327 In what our casebook describes as “electronic contracting”, we will examine two cases (both involving Gateway) that deal with the question of what terms can be introduced after the sale of a computer. There is similarity between these cases and End User License Agreements, a subject I will deal with in greater detail in the next two years.

Additionally, please note that the ProCD News and Views episode is related to these cases. (Judge Easterbrook decided both ProCD and Hill.)

Hill v. Gateway 2000
Klocek v. Gateway, Inc.

]]> http://www.lifeofalawstudent.com/2005/10/20/contracts-17-gateway-cases-terms-after-sale/feed/ 21:04 In what our casebook describes as "electronic contracting", we will examine two cases (both involving Gateway) that deal with the question of what terms can ... In what our casebook describes as "electronic contracting", we will examine two cases (both involving Gateway) that deal with the question of what terms can be introduced after the sale of a computer. There is similarity between these cases and End User License Agreements, a subject I will deal with in greater detail in the next two years. Additionally, please note that the ProCD News and Views episode is related to these cases. (Judge Easterbrook decided both ProCD and Hill.) Hill v. Gateway 2000 Klocek v. Gateway, Inc. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #16: Agreeing to Agree http://www.lifeofalawstudent.com/2005/10/06/contracts-16-agreeing-to-agree/ http://www.lifeofalawstudent.com/2005/10/06/contracts-16-agreeing-to-agree/#comments Thu, 06 Oct 2005 07:59:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=328 Can two parties agree to part of their contract in definite terms, and then further agree to come to agreement at a future date on another aspect of the contract? The answer to that confusing sentence is a resounding maybe. We’ll look at two cases dealing with “agreeing to agree”.

Walker v. Keith (no link available)
Quake Construction, Inc. v. American Airlines, Inc. (no link available)

]]> http://www.lifeofalawstudent.com/2005/10/06/contracts-16-agreeing-to-agree/feed/ 14:29 Can two parties agree to part of their contract in definite terms, and then further agree to come to agreement at a future date on ... Can two parties agree to part of their contract in definite terms, and then further agree to come to agreement at a future date on another aspect of the contract? The answer to that confusing sentence is a resounding maybe. We'll look at two cases dealing with "agreeing to agree". Walker v. Keith (no link available) Quake Construction, Inc. v. American Airlines, Inc. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #15: Battle of the Forms http://www.lifeofalawstudent.com/2005/10/06/contracts-15-battle-of-the-forms/ http://www.lifeofalawstudent.com/2005/10/06/contracts-15-battle-of-the-forms/#comments Thu, 06 Oct 2005 07:52:40 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=329 The Uniform Commercial Code attempts to sidestep some of the problems with the common law’s “last shot rule” by creating a new set of rules to handle different forms being exchanged. We will walk through several examples of the original UCC’s section 2-207, in addition to two cases.

Uniform Commercial Code 2-207
Brown Machine v. Hercules, Inc. (no link available)
Dale R. Horning Co. v. Falconer Glass Industries, Inc. (no link available)

]]> http://www.lifeofalawstudent.com/2005/10/06/contracts-15-battle-of-the-forms/feed/ 29:15 The Uniform Commercial Code attempts to sidestep some of the problems with the common law's "last shot rule" by creating a new set of rules ... The Uniform Commercial Code attempts to sidestep some of the problems with the common law's "last shot rule" by creating a new set of rules to handle different forms being exchanged. We will walk through several examples of the original UCC's section 2-207, in addition to two cases. Uniform Commercial Code 2-207 Brown Machine v. Hercules, Inc. (no link available) Dale R. Horning Co. v. Falconer Glass Industries, Inc. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #14: Form Contracts, Princess Cruises v. GE http://www.lifeofalawstudent.com/2005/10/06/contracts-14-form-contracts-princess-cruises-v-ge/ http://www.lifeofalawstudent.com/2005/10/06/contracts-14-form-contracts-princess-cruises-v-ge/#comments Thu, 06 Oct 2005 07:43:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=330 As nice as true and complete “meetings of the minds” would be, most of modern contracting is done via form contract. Princess Cruises v. GE highlights some of the dangers of not paying attention to what forms are flying when.

Princess Cruises v. General Electric

]]> http://www.lifeofalawstudent.com/2005/10/06/contracts-14-form-contracts-princess-cruises-v-ge/feed/ 17:01 As nice as true and complete "meetings of the minds" would be, most of modern contracting is done via form contract. Princess Cruises v. ... As nice as true and complete "meetings of the minds" would be, most of modern contracting is done via form contract. Princess Cruises v. GE highlights some of the dangers of not paying attention to what forms are flying when. Princess Cruises v. General Electric 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #13: General and Sub Contractors http://www.lifeofalawstudent.com/2005/09/27/contracts-13-general-and-sub-contractors/ http://www.lifeofalawstudent.com/2005/09/27/contracts-13-general-and-sub-contractors/#comments Tue, 27 Sep 2005 05:45:17 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=331 A sub contractor submits a bid, which the general contractor relies on in making his bid. The general contractor wins the project, but the sub revokes before the general can formally accept the sub’s bid. What happens next?

James Baird Co. v. Gimbel Bros, Inc. (no link available)
Drennan v. Star Paving, Inc.

]]> http://www.lifeofalawstudent.com/2005/09/27/contracts-13-general-and-sub-contractors/feed/ 14:25 A sub contractor submits a bid, which the general contractor relies on in making his bid. The general contractor wins the project, but the ... A sub contractor submits a bid, which the general contractor relies on in making his bid. The general contractor wins the project, but the sub revokes before the general can formally accept the sub's bid. What happens next? James Baird Co. v. Gimbel Bros, Inc. (no link available) Drennan v. Star Paving, Inc. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #12: Option Contracts http://www.lifeofalawstudent.com/2005/09/26/contracts-12-option-contracts/ http://www.lifeofalawstudent.com/2005/09/26/contracts-12-option-contracts/#comments Tue, 27 Sep 2005 00:10:03 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=332 An offer to contract is generally revokable at will, unless you have an option contract. In this episode we examine option contracts.

Berryman v. Kmoch (no link available)

]]> http://www.lifeofalawstudent.com/2005/09/26/contracts-12-option-contracts/feed/ 19:19 An offer to contract is generally revokable at will, unless you have an option contract. In this episode we examine option contracts. Berryman v. Kmoch (no ... An offer to contract is generally revokable at will, unless you have an option contract. In this episode we examine option contracts. Berryman v. Kmoch (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #11: Unilateral Contracts http://www.lifeofalawstudent.com/2005/09/26/contracts-11-unilateral-contracts/ http://www.lifeofalawstudent.com/2005/09/26/contracts-11-unilateral-contracts/#comments Mon, 26 Sep 2005 23:57:13 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=333 In this episode we discuss unilateral contracts and recent developments in the doctrines that apply to them.

Petterson v. Pattberg (no link available)
Cook v. Coldwell Banker/Frank Laiben Realty Co. (no link available)

]]> http://www.lifeofalawstudent.com/2005/09/26/contracts-11-unilateral-contracts/feed/ 21:39 In this episode we discuss unilateral contracts and recent developments in the doctrines that apply to them. Petterson v. Pattberg (no link available) Cook v. Coldwell Banker/Frank ... In this episode we discuss unilateral contracts and recent developments in the doctrines that apply to them. Petterson v. Pattberg (no link available) Cook v. Coldwell Banker/Frank Laiben Realty Co. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #10: Offers http://www.lifeofalawstudent.com/2005/09/26/contracts-10-offers/ http://www.lifeofalawstudent.com/2005/09/26/contracts-10-offers/#comments Mon, 26 Sep 2005 23:49:08 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=334 We will start looking now at the formation of contracts, and one of those essential aspects of formation is that of an offer. To that end we will investigate the sale of a house, a car, and a harrier jet. We will also discuss briefly the mailbox rule.

Lonergan v. Scolnick
Izadi v. Machado (Gus) Ford, Inc. (the bait and switch ad case) (no link available)
Leonard v. Pepsico

]]> http://www.lifeofalawstudent.com/2005/09/26/contracts-10-offers/feed/ 30:17 We will start looking now at the formation of contracts, and one of those essential aspects of formation is that of an offer. To ... We will start looking now at the formation of contracts, and one of those essential aspects of formation is that of an offer. To that end we will investigate the sale of a house, a car, and a harrier jet. We will also discuss briefly the mailbox rule. Lonergan v. Scolnick Izadi v. Machado (Gus) Ford, Inc. (the bait and switch ad case) (no link available) Leonard v. Pepsico 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #9: Public Policy http://www.lifeofalawstudent.com/2005/09/18/contracts-9-public-policy/ http://www.lifeofalawstudent.com/2005/09/18/contracts-9-public-policy/#comments Mon, 19 Sep 2005 03:43:56 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=335 We continue our discussion on unconscionability by transitioning into public policy. Our discussion of public policy centers around a non-compete agreement and a contract between husband and wife.

Valley Medical Specialists v. Farber (PDF)
Borelli v. Brusseau
A & M Produce v. FMC Corp. (no link available)

]]> http://www.lifeofalawstudent.com/2005/09/18/contracts-9-public-policy/feed/ 28:57 We continue our discussion on unconscionability by transitioning into public policy. Our discussion of public policy centers around a non-compete agreement and a contract ... We continue our discussion on unconscionability by transitioning into public policy. Our discussion of public policy centers around a non-compete agreement and a contract between husband and wife. Valley Medical Specialists v. Farber (PDF) Borelli v. Brusseau A M Produce v. FMC Corp. (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #8: Unconscionability http://www.lifeofalawstudent.com/2005/09/18/contracts-8-unconscionability/ http://www.lifeofalawstudent.com/2005/09/18/contracts-8-unconscionability/#comments Mon, 19 Sep 2005 03:38:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=336 What is unconscionability? What do we do when we find a contract that contains unconscionable clauses? Answers to these questions and more await in this episode.

Williams v. Walker-Thomas Furniture Co
Adkins v. Labor Ready, Inc.

]]> http://www.lifeofalawstudent.com/2005/09/18/contracts-8-unconscionability/feed/ 34:52 What is unconscionability? What do we do when we find a contract that contains unconscionable clauses? Answers to these questions and more await ... What is unconscionability? What do we do when we find a contract that contains unconscionable clauses? Answers to these questions and more await in this episode. Williams v. Walker-Thomas Furniture Co Adkins v. Labor Ready, Inc. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #7: More on Consideration http://www.lifeofalawstudent.com/2005/09/18/contracts-7-more-on-consideration/ http://www.lifeofalawstudent.com/2005/09/18/contracts-7-more-on-consideration/#comments Mon, 19 Sep 2005 03:30:57 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=337 We continue to examine consideration, looking at some interesting cases dealing with donative promises, unequal consideration, and conditions placed on receiving consideration.

Dougherty v. Salt (No link available)
Batsakis v. Demotsis (No link available)
Plowman v. Indian Refining Co. (No link available)

]]> http://www.lifeofalawstudent.com/2005/09/18/contracts-7-more-on-consideration/feed/ 25:06 We continue to examine consideration, looking at some interesting cases dealing with donative promises, unequal consideration, and conditions placed on receiving consideration. Dougherty v. Salt (No ... We continue to examine consideration, looking at some interesting cases dealing with donative promises, unequal consideration, and conditions placed on receiving consideration. Dougherty v. Salt (No link available) Batsakis v. Demotsis (No link available) Plowman v. Indian Refining Co. (No link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #6: Consideration http://www.lifeofalawstudent.com/2005/09/11/contracts-6-consideration/ http://www.lifeofalawstudent.com/2005/09/11/contracts-6-consideration/#comments Mon, 12 Sep 2005 03:40:14 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=338 We come at last to the fundamental basis of contract law in the Anglo-American systems: consideration. We attempt to define it, and look at two cases (Hamer v. Sidway and Baehr v. Penn-O-Tex Oil) that highlight different theories of consideration.

Hamer v. Sidway
Baehr v. Penn-O-Tex Oil (link unavailable)

]]> http://www.lifeofalawstudent.com/2005/09/11/contracts-6-consideration/feed/ 32:20 We come at last to the fundamental basis of contract law in the Anglo-American systems: consideration. We attempt to define it, and look at ... We come at last to the fundamental basis of contract law in the Anglo-American systems: consideration. We attempt to define it, and look at two cases (Hamer v. Sidway and Baehr v. Penn-O-Tex Oil) that highlight different theories of consideration. Hamer v. Sidway Baehr v. Penn-O-Tex Oil (link unavailable) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #5: Fraud and Mistake http://www.lifeofalawstudent.com/2005/09/07/contracts-5-fraud-and-mistake/ http://www.lifeofalawstudent.com/2005/09/07/contracts-5-fraud-and-mistake/#comments Wed, 07 Sep 2005 19:27:02 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=339 In this episode we examine the equitable options available when a contract is entered under either fraud or mistake. The relevant cases are Syvester v. Banta and Lenawee County Board of Health v. Messerly, respectively.

Syvester v. Banta (no link available)
Lenawee County Board of Health v. Messerly (no link available)

]]> http://www.lifeofalawstudent.com/2005/09/07/contracts-5-fraud-and-mistake/feed/ 33:50 In this episode we examine the equitable options available when a contract is entered under either fraud or mistake. The relevant cases are Syvester ... In this episode we examine the equitable options available when a contract is entered under either fraud or mistake. The relevant cases are Syvester v. Banta and Lenawee County Board of Health v. Messerly, respectively. Syvester v. Banta (no link available) Lenawee County Board of Health v. Messerly (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #4: Minor Disavowing and Economic Duress http://www.lifeofalawstudent.com/2005/09/01/contracts-4-minor-disavowing-and-economic-duress/ http://www.lifeofalawstudent.com/2005/09/01/contracts-4-minor-disavowing-and-economic-duress/#comments Thu, 01 Sep 2005 20:21:51 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=340 In this episode we examine the ability of minors to disavow contracts, along with the doctrine of economic duress.

Dodson v. Shrader (no link available)
Totem Marine v. Alyeska Pipeline (no link available)

]]> http://www.lifeofalawstudent.com/2005/09/01/contracts-4-minor-disavowing-and-economic-duress/feed/ 25:31 In this episode we examine the ability of minors to disavow contracts, along with the doctrine of economic duress. Dodson v. Shrader (no link available) Totem Marine ... In this episode we examine the ability of minors to disavow contracts, along with the doctrine of economic duress. Dodson v. Shrader (no link available) Totem Marine v. Alyeska Pipeline (no link available) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #3: Agency, Restitution, and Promissory Estoppel http://www.lifeofalawstudent.com/2005/08/29/contracts-3-agency-restitution-and-promissory-estoppel/ http://www.lifeofalawstudent.com/2005/08/29/contracts-3-agency-restitution-and-promissory-estoppel/#comments Tue, 30 Aug 2005 02:34:05 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=341 In this episode we examine and apply the doctrines of agency, restitution, and promissory estoppel.

Due to the fact that we are dealing with state cases, I am unable to find links to the texts.

]]> http://www.lifeofalawstudent.com/2005/08/29/contracts-3-agency-restitution-and-promissory-estoppel/feed/ 25:16 In this episode we examine and apply the doctrines of agency, restitution, and promissory estoppel. Due to the fact that we are dealing with state cases, ... In this episode we examine and apply the doctrines of agency, restitution, and promissory estoppel. Due to the fact that we are dealing with state cases, I am unable to find links to the texts. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #2: History of Contract Law and Intent To Be Bound http://www.lifeofalawstudent.com/2005/08/26/contracts-2-history-of-contract-law-and-intent-to-be-bound/ http://www.lifeofalawstudent.com/2005/08/26/contracts-2-history-of-contract-law-and-intent-to-be-bound/#comments Sat, 27 Aug 2005 02:06:47 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=342 In this episode we examine some of the history of contract law, some of the statutory and pseudo-statutory elements of contracts, and look at some cases illustrating the doctrine of intent to be bound.

Uniform Commercial Code
Wikipedia entry on UCITA

The other two cases (Eurice Brothers and Park 100) are not available online.

]]> http://www.lifeofalawstudent.com/2005/08/26/contracts-2-history-of-contract-law-and-intent-to-be-bound/feed/ 21:28 In this episode we examine some of the history of contract law, some of the statutory and pseudo-statutory elements of contracts, and look at some ... In this episode we examine some of the history of contract law, some of the statutory and pseudo-statutory elements of contracts, and look at some cases illustrating the doctrine of intent to be bound. Uniform Commercial Code Wikipedia entry on UCITA The other two cases (Eurice Brothers and Park 100) are not available online. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #1: Introduction to Contracts http://www.lifeofalawstudent.com/2005/08/24/contracts-1-introduction-to-contracts/ http://www.lifeofalawstudent.com/2005/08/24/contracts-1-introduction-to-contracts/#comments Wed, 24 Aug 2005 08:16:02 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=343 In this, the first episode of Contracts, we examine the definition of contracts, some basic (but non-exhaustive) elements of contracts, some hypothetical contractual situations, and conclude by examining unconscionability.

Wikipedia entry on Contract
The Burch case (on page 45 of the PDF)

]]> http://www.lifeofalawstudent.com/2005/08/24/contracts-1-introduction-to-contracts/feed/ 25:45 In this, the first episode of Contracts, we examine the definition of contracts, some basic (but non-exhaustive) elements of contracts, some hypothetical contractual situations, and ... In this, the first episode of Contracts, we examine the definition of contracts, some basic (but non-exhaustive) elements of contracts, some hypothetical contractual situations, and conclude by examining unconscionability. Wikipedia entry on Contract The Burch case (on page 45 of the PDF) 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No Contracts #0: Life of a Law Student Overview http://www.lifeofalawstudent.com/2005/08/02/contracts-0-life-of-a-law-student-overview/ http://www.lifeofalawstudent.com/2005/08/02/contracts-0-life-of-a-law-student-overview/#comments Tue, 02 Aug 2005 07:28:00 +0000 Neil http://www.lifeofalawstudent.com/wordpress/?p=344 In this episode I explain what Life of a Law Student is all about, what it’s not about, and the format I will be using.

]]> http://www.lifeofalawstudent.com/2005/08/02/contracts-0-life-of-a-law-student-overview/feed/ 3:52 In this episode I explain what Life of a Law Student is all about, what it's not about, and the format I will be using. In this episode I explain what Life of a Law Student is all about, what it's not about, and the format I will be using. 1L,,Contracts,,Neil,Wehneman,,University,of,Cincinnati,College,of,Law Rob Wiltbank and the LoaLS Team no No