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 […]
Entries Tagged as 'Lawdibles Audio'
Discharge of Duties: Discussions in Contracts
January 19th, 2021 · Comments Off on Discharge of Duties: Discussions in Contracts · Contracts, Lawdibles Audio
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
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. […]
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
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
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