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Entries Tagged as 'Contracts'

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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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: 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 […]

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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 […]

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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 […]

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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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