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Entries Tagged as '1L'

Discussions in Contracts: Impossibility, Impracticability and Frustration

December 19th, 2017 · Comments Off on Discussions in Contracts: Impossibility, Impracticability and Frustration · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is impossibility, impracticability and frustration. Ordinarily we expect the parties to perform their contracts under the principle of pacta sunt servanda, meaning promises are to be kept. Contract law, though, does provide excuse for non-performance (meaning a party is not in breach) in the event of certain contingencies the […]

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Discussions in Contracts: Defenses Overview

November 30th, 2017 · Comments Off on Discussions in Contracts: Defenses Overview · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is an introduction to defenses to enforcement of a contract based upon defects in the bargaining process, capacity of one of the parties, or public policy. There are three sets of defenses to enforcement of a contract which is otherwise valid. The first set of defenses relate […]

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Discussions in Contracts: Incapacity Defenses

November 27th, 2017 · Comments Off on Discussions in Contracts: Incapacity Defenses · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is the basic concepts related to incapacity defenses to enforcement of a contract, which includes infancy, mental illness, and intoxication. The incapacity defenses seek to protect vulnerable people in society (children, those suffering from mental illness or intoxication) from exploitation by others in the contracting process. […]

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Discussions in Contracts: Statute of Frauds

November 21st, 2017 · Comments Off on Discussions in Contracts: Statute of Frauds · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is the basic concepts related to the types of contracts governed by the statute of frauds — that is, statutes that require evidence of the contract in writing. More particularly, we will look at the categories of contracts governed by the statute, what type of writing […]

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Discussions in Contracts: Statute of Frauds under UCC § 2-201

November 21st, 2017 · Comments Off on Discussions in Contracts: Statute of Frauds under UCC § 2-201 · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is the basic concepts related Article 2’s statute of frauds. More particularly, we will look at when a contract is governed by § 2-201, the exceptions to the writing requirement of § 2-201, and what type of writing when required is satisfactory. Section 2-201 only applies when […]

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Discussions in Contracts: Invitations to Negotiate

November 17th, 2017 · Comments Off on Discussions in Contracts: Invitations to Negotiate · Contracts, Lawdibles Audio

The topic of this podcast, by Professor Jennifer Martin,  is the basic concepts related to invitations to negotiate or preliminary negotiations and other types of communications that are not offers. In particular, we will look at the basic attributes of advertisements, price quotations, invitations to bid, and auction sales. At the conclusion of this podcast you […]

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Discussions in Contracts: Duration of Offers

October 24th, 2017 · Comments Off on Discussions in Contracts: Duration of Offers · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is how to determine the duration of the power of acceptance in the offeree and whether that power of acceptance has been terminated. Recall that a contract is a promise or set of promises which the law enforces. Ordinarily, the manifestation of mutual assent takes place […]

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Discussions in Contracts: Acceptance

October 23rd, 2017 · Comments Off on Discussions in Contracts: Acceptance · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is the basic concepts related to acceptance of an offer. Acceptance is simply the name given to the action of an offeree in making the offeror’s promise enforceable. This podcast will look at the basic attributes of acceptance, as well as specific issues related to the […]

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Discussions in Contracts: Manner of Acceptance: Bilateral and Unilateral Contracts

October 20th, 2017 · Comments Off on Discussions in Contracts: Manner of Acceptance: Bilateral and Unilateral Contracts · Contracts, Lawdibles Audio

This podcast by Professor Jennifer Martin explains how to determine if the offer is one that can be accepted by a return promise, a return promise or performance, or whether a return performance is required. Sometimes you will hear reference to bilateral and unilateral contracts. The terms bilateral and unilateral do not relate to the number […]

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Discussions in Contracts: Offer

October 18th, 2017 · Comments Off on Discussions in Contracts: Offer · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer Martin is the basic concepts related to offers. In particular, the podcast examines the basic attributes of offers and also looks at the particular types of communications that are typically not offers, such as advertisements and price quotations. Cases discussed include Lefkowitz v. Great Minneapolis Surplus Store (fur coat […]

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