The topic of this podcast by Professor Scott J. Burnham is written confirmations under § 2-207 of the U.C.C., a section often referred to as the Battle of the Forms. This is the third in a series of podcasts about § 2-207 of the Uniform Commercial Code. The first podcast covered Formation of the Contract. […]
Entries Tagged as 'Contracts'
U.C.C. § 2-207: Part 3 – Written Confirmations: Discussions in Contracts
February 23rd, 2018 · Comments Off on U.C.C. § 2-207: Part 3 – Written Confirmations: Discussions in Contracts · Contracts, Lawdibles Audio
Tags:1L·2-207·confirmations·Contracts·law school·rolling contract·UCC
Federal Jurisdiction: Discussions in Contracts
February 13th, 2018 · Comments Off on Federal Jurisdiction: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott J. Burnham is federal jurisdiction in contracts cases, specifically how the case got to federal court, and what law the federal court will look to in deciding the case. At the conclusion of this podcast you should be able to (1) determine how that a federal court […]
Tags:1L·Contracts·Erie·federal court·jurisdiction·jurisdiction clause
Disclaimer of Warranty and Limitation of Remedies: Discussions in Contracts
January 30th, 2018 · Comments Off on Disclaimer of Warranty and Limitation of Remedies: Discussions in Contracts · Contracts, Lawdibles Audio
The topic of this podcast by Professor Scott Burnham is Disclaimer of Warranty and Limitation of Remedies. Warranties provided by the default rules of Article 2 are covered in a different podcast. This podcast will provide a basic overview of how the seller may disclaim warranties or limit the remedies for their breach. Topics covered include […]
Tags:1L·2-312·2-316·consequential·Contracts·damages·disclaim warranties·law school·merchantability·remedies·warranty
Discussions in Contracts: Fraud and Misrepresentation
December 29th, 2017 · Comments Off on Discussions in Contracts: Fraud and Misrepresentation · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the basic concepts related to the assent related defenses of fraud and misrepresentation.There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related […]
Tags:1L·assent defenses·Contracts·fraud·fraud in the factum·misrepresentation
Discussions in Contracts: Misunderstanding and Mistake
December 29th, 2017 · Comments Off on Discussions in Contracts: Misunderstanding and Mistake · Contracts, Lawdibles Audio
This podcast by Professor Jennifer Martin discusses the basic concepts related to the assent related defense of mistake. There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related defenses. This podcast will also […]
Tags:1L·allocation of risk·assent defenses·Contracts·mistake·misunderstanding·mutual mistake·risk of mistake·unilateral mistake
Discussions in Contracts: Duress and Undue Influence
December 20th, 2017 · Comments Off on Discussions in Contracts: Duress and Undue Influence · Contracts, Lawdibles Audio
There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid. The topic of this podcast by Professor Jennifer Martin is the basic concepts related to two of the assent related defenses, duress and undue influence. The defense of duress exists to protect against contracts that […]
Tags:1L·avoid enforcement·coercion·Contracts·defenses·duress·threat·undue influence·void·voidable
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 […]
Tags:1L·Contracts·excuse·frustration·impossibility·impracticability·risk·unforeseen event
Discussions in Contracts: Overview and Sources of Contract Law
December 8th, 2017 · Comments Off on Discussions in Contracts: Overview and Sources of Contract Law · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the identification of the elements of a claim for breach of contract and the primary sources of contract law. From a legal perspective, the word contract refers to a promise or set of promises for which the law gives a remedy. The primary sources of contract […]
Tags:Article 2·common law·Contracts·introduction·overview·Restatement·sources·UCC
Discussions in Contracts: Mailbox Rule
December 7th, 2017 · Comments Off on Discussions in Contracts: Mailbox Rule · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the basic concepts related to communications in the contracting process governed by the Mailbox Rule. More particularly, we will look at the rules governing the effect of an offeree’s response by mail or an offeror’s attempt to revoke an offer using the mail. At the […]
Tags:acceptance·Contracts·mail·mailbox·mailbox rule·offer·rejection
Discussions in Contracts: Mutual Assent
November 30th, 2017 · Comments Off on Discussions in Contracts: Mutual Assent · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the basic concepts related to mutual assent to a contract. In particular, we will look at the requirements for contract formation, particularly the promises that indicate assent. We will also look at what is a sufficient manifestation of assent. At the conclusion of this podcast you […]
