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. […]
Entries Tagged as 'Contracts'
Silence as Acceptance: Discussions in Contracts
January 4th, 2021 · Comments Off on Silence as Acceptance: Discussions in Contracts · Contracts, Lawdibles Audio
Tags:§ 69 (1)·§ 69(2)·acceptance·ADT·exercise of dominion·expectation of compensation·inaction·Nirvana·previous dealings·prior conduct·silence·silence as acceptance·takes the benefit
Agreements Lacking Consideration: Past Consideration and Moral Obligation – Discussions in Contracts
December 21st, 2020 · Comments Off on Agreements Lacking Consideration: Past Consideration and Moral Obligation – Discussions in Contracts · Contracts, Lawdibles Audio
This podcast by Professor Jennifer S. Martin explains when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is based on past action or a moral obligation. It also presents common situations involving past consideration, including the exception provided under the material benefit rule. […]
Tags:§ 86·bargained-for·bargained-for exchange·consideration·material benefit·material benefit rule·McGowin·Mills·mistake·moral obligation·past action·prior emergency services·Webb·Wyman
Agreements Lacking Consideration: Gift Promises – Discussions in Contracts
December 14th, 2020 · Comments Off on Agreements Lacking Consideration: Gift Promises – Discussions in Contracts · Contracts, Lawdibles Audio
This podcast by Professor Jennifer S. Martin considers when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is a gift. Analyzing hypotheticals, the podcast examines common situations involving gift promises, including conditional gifts, and charitable promises. Cases discussed include Schnell v. Nell, 17 Ind. […]
Tags:bargained-for·bargained-for exchange·charitable promise·conditional gift·consideration·gift·gift promise·Hamer·Nell·promise·Schnell·Sidway
Modifications and the Pre-existing Duty Rule: Discussions in Contracts
December 7th, 2020 · Comments Off on Modifications and the Pre-existing Duty Rule: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer S. Martin is when contract modifications are not enforceable due to the pre-existing duty rule. Consideration is required to support enforcement of an agreement, including a modification to an agreement. In this podcast, we will look at when the pre-existing duty rule renders modifications unenforceable and when […]
Tags:2-209·consideration·duty·fair and equitable·modification·modifications·modified·new consideration·pre-existing·pre-existing duty·unforeseen circumstances
Good Faith: Discussions in Contracts
December 1st, 2020 · Comments Off on Good Faith: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is the basic concept of good faith. Good faith, sometimes called the covenant of good faith and fair dealing, is an implied term in a party’s obligation of performance in every contract. The podcast examines both the subjective and objective standards of good faith. It […]
Tags:1-304·205·Billman·Cornett·covenant·fair dealing·good faith·Hensel·honest·honesty in fact·Implied·Key Bank·Neumiller·Neumiller Farms·objective·performance·reasonable·reasonable commercial standards·Reid·subjective
The Basics of Consideration and the Bargain Theory: Discussions in Contracts
November 23rd, 2020 · Comments Off on The Basics of Consideration and the Bargain Theory: Discussions in Contracts · Contracts
This podcast by Professor Jennifer S. Martin examines when agreements are enforceable as contracts because they are supported by consideration. The podcast looks at common descriptions of consideration, including benefit-detriment and “bargained-for exchange.” It also considers traditional issues of consideration and common disputes involving unequal bargains, nominal or sham consideration, and past consideration. The podcast […]
Tags:bargained-for·Basatkis·benefit-detriment·consideration·Contracts·Hamer·past consideration·Schnell·sham consideration
Warranties: Discussions in Contracts
March 8th, 2018 · Comments Off on Warranties: Discussions in Contracts · All Posts, Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is a basic overview of when warranties are given for the sales of goods under Article 2 of the UCC. An additional podcast will discuss how warranties can be disclaimed or limited. The primary issue in warranty law is what is the level of quality […]
Tags:1L·2-312·2-313·2-314·2-315·Article 2·Contracts·Express·Fitness·Implied·merchantability·Particular Purposes·Warranties
Parol Evidence Rule: Discussions in Contracts
March 8th, 2018 · Comments Off on Parol Evidence Rule: Discussions in Contracts · All Posts, Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is the Parol Evidence Rule. In general, there is no probem with oral agreements. There are a few exceptions where the agreement has to be evidenced by a writing to satisfy the Statute of Frauds, but by and large oral agreements are perfectly valid. The Parol […]
Tags:1L·Contracts·Full Integration·Oral Agreements·Parol Evidence·Partial Integration
U.C.C. § 2-207: Part 1 – Formation of the Contract: Discussions in Contracts
February 23rd, 2018 · Comments Off on U.C.C. § 2-207: Part 1 – Formation of the Contract: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is formation of the contract under U.C.C. § 2-207. This is the first in a series of three podcasts covering the Battle of the Forms. The second podcast covers Finding the Terms of the Contract. The third covers Written Confirmations. It is best to listen […]
Tags:1L·2-207·acceptance·conditional·contract by conduct·Contracts·essential terms·form contracts·formation·last shot·law school·mirror image
U.C.C. § 2-207: Part 2 – Finding the Terms of the Contract: Discussions in Contracts
February 23rd, 2018 · Comments Off on U.C.C. § 2-207: Part 2 – Finding the Terms of the Contract: Discussions in Contracts · All Posts, Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is U.C.C. § 2-207 Finding the Terms of the Contract. This podcast is the second in a series of three podcasts about § 2-207 of the Uniform Commercial Code, a section often referred to as the Battle of the Forms. The first podcast covered Formation […]
Tags:1L·Battle of the Forms·Contracts·form contracts·Terms·UCC
