711 Contracts - §003, Fall 2016

Categories: Business, Corporate, Commercial Law

Instructor(s) Sidel, Mark

Creation of promissory liability; interpretation of words and conduct; exchange, reliance or formality as necessary for creation of promissory liability; remedies for breach of contract; unfairness as a reason for avoiding contractual liability.

Upon completion of this course you should:

• Be able to identify issues and holdings and analyze rules and policy from opinions involving contracts
• Be able to differentiate, integrate and harmonize cases involving contracts based on law and based on fact
• Understand key elements of promise, agreements, and contract formation (such as offers, powers of acceptance, acceptance, formation under the UCC, incomplete agreements, and the requirement of a writing), and key bases on which contracts may be enforced, including bargained-for exchange/consideration, reliance, and unjust enrichment
• Understand the basic concepts involved with invalidating contracts based on unconscionability, unequal bargaining power and one-sided terms
• Understand some basic elements of compensation for breach of contract, including expectation, reliance and restitution damages
• Be generally familiar with basic contractual provisions of the Restatement Second of Contracts and some basic provisions Article 2 of the Uniform Commercial Code (UCC)
• Become initially familiar with alternatives to litigation, including mediation and arbitration

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