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Entries Tagged as 'Contracts'

Implied Conditions: Discussions in Contracts

March 25th, 2021 · Comments Off on Implied Conditions: Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is when a court will supply a condition even where the parties have not expressly written one into the contract. It distinguishes between a promise and a condition under Restatement (Second) of Contracts §§ 2 and 224. This podcast references two other podcasts: Express Conditions and […]

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Excuse of Conditions: Discussions in Contracts

March 16th, 2021 · Comments Off on Excuse of Conditions: Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails. It also looks at what happens when a court has determined that there is a condition and the failure of the condition might cause […]

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Express Conditions: Discussions in Contracts

March 9th, 2021 · Comments Off on Express Conditions: Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is when language in a contract is an express condition, such that failure to satisfy the condition results in a performance not being due. A condition can be a good way to hedge in case a party is concerned that it can’t meet its commitments […]

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Mitigation: Discussions in Contracts

March 2nd, 2021 · Comments Off on Mitigation: Discussions in Contracts · Contracts, Lawdibles Audio

This podcast by Professor Scott J. Burnham explores the basic concept of mitigation, or, as it is sometimes called, avoidable consequences, which is used in computing damages. Mitigation is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. The principle is stated in Restatement (Second) of Contracts § 350(1). The […]

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Certainty: Discussions in Contracts

February 17th, 2021 · Comments Off on Certainty: Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is the basic concept of certainty in computing damages. Certainty is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. According to Restatement (Second) of Contracts § 352, “Damages are not recoverable for loss beyond an amount that the evidence […]

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Foreseeability: Discussions in Contracts

February 9th, 2021 · Comments Off on Foreseeability: Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is when consequential damages can be recovered for breach of contract because they are foreseeable. The podcast examines the rules established in Hadley v. Baxendale to determine if a loss is foreseeable and therefore recoverable as a consequential damage, as well as some practical effects of those […]

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Reliance (Promissory Estoppel): Discussions in Contracts

February 2nd, 2021 · Comments Off on Reliance (Promissory Estoppel): Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer S. Martin is when agreements that are not enforceable as contracts because they are not supported by consideration are nevertheless enforceable due to reliance on the promise, often referred to as promissory estoppel. It discusses reliance as it pertains to gift promises, including charitable donations. The podcast […]

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Discharge of Duties: Discussions in Contracts

January 19th, 2021 · Comments Off on Discharge of Duties: Discussions in Contracts · Contracts, Lawdibles Audio

This podcast by Professor Jennifer S. Martin discusses a discharge of duties such that parties do not have to perform their contractual obligations and cannot demand performance under the other party’s contract. Consideration is required to support enforcement of an agreement, including a modification of a contract resulting in a discharge of duties. This podcast […]

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Assignment and Delegation: Discussions in Contracts

January 12th, 2021 · Comments Off on Assignment and Delegation: Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Scott J. Burnham is when rights under a contract may be assigned to third parties, and when duties may be delegated to third parties. Using hypotheticals to illustrate, it discusses the exceptions that limit the transfer of rights and duties to a third party. The assignability of the […]

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Silence as Acceptance: Discussions in Contracts

January 4th, 2021 · Comments Off on Silence as Acceptance: Discussions in Contracts · Contracts, Lawdibles Audio

The topic of this podcast by Professor Jennifer S. Martin is when silence itself can be acceptance of an offer. Acceptance is simply the name given to an offeree’s action in making the offeror’s promise enforceable. This podcast looks at the exceptional cases where notification of the intention to accept an offer is accomplished by silence. […]

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