This podcast by Professor Scott J. Burnham discusses the topic of Third Party Beneficiaries. When can a person who is not party to a contract sue to enforce the contract? While the rule can be found in Restatement (Second) of Contracts § 302, it can be difficult to apply. This podcast explains how to determine […]
Entries Tagged as 'Contracts'
Third Party Beneficiaries: Discussions in Contracts
May 25th, 2021 · Comments Off on Third Party Beneficiaries: Discussions in Contracts · Contracts, Lawdibles Audio
Tags:§ 302·creditor beneficiary·incidental beneficiary·intended beneficiary·Lawrence v. Fox·Third Party Beneficiaries
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 […]
Tags:excuse of conditions·express conditions·implied conditions·promissory condition·Restatement (Second) of Contracts § 2·Restatement (Second) of Contracts § 224·rule of constructive conditions of exchange·substantial performance
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 […]
Tags:§ 229·Clark v. West Publishing Company·conditions·divisible contract·excuse·excuse of condition·express conditions·implied conditions·restitution·waiver·West Publishing Company
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 […]
Tags:Clark·Clark v. West Publishing Company·excuse of conditions·express conditions·implied conditions·Parol Evidence·West Publishing Company
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 […]
Tags:§ 2-704·§ 350(1)·avoidable consequences·Luten Bridge Co·mitigation·Rockingham County·Rockingham County v. Luten Bridge Co.
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 […]
Tags:§ 352·certainty·Freund·lost royalties·new business·reasonable certainty·Washington Square Press
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 […]
Tags:§ 2-714(3)·§ 2-719(3)·actual knowledge·Baxendale·consequential damages·foreseeability·foreseeable·Hadley·Hadley v. Baxendale·imputed knowledge
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 […]
Tags:§ 90·Bouton·Byers·gift promise·Kirksey·promissory estoppel·reliance·Ricketts·Scothorn
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 […]
Tags:accord and satisfaction·discharge·discharge of duties·duties·novation·rescission·substituted contract·substituted performance
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 […]
Tags:2-210(5)·2-210(6)·assignment·delegation·duties·prohibition of assignment·prohibition of delegation·rights·UCC Article 9
