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 […]
Entries Tagged as '1L'
Discussions in Contracts: Impossibility, Impracticability and Frustration
December 19th, 2017 · Comments Off on Discussions in Contracts: Impossibility, Impracticability and Frustration · Contracts, Lawdibles Audio
Tags:1L·Contracts·excuse·frustration·impossibility·impracticability·risk·unforeseen event
Discussions in Contracts: Incapacity Defenses
November 27th, 2017 · Comments Off on Discussions in Contracts: Incapacity Defenses · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the basic concepts related to incapacity defenses to enforcement of a contract, which includes infancy, mental illness, and intoxication. The incapacity defenses seek to protect vulnerable people in society (children, those suffering from mental illness or intoxication) from exploitation by others in the contracting process. […]
Tags:1L·Contracts·incapacity·incapacity defenses·infancy·intoxication·mental illness·minor·rescission·void·voidable
Discussions in Contracts: Statute of Frauds
November 21st, 2017 · Comments Off on Discussions in Contracts: Statute of Frauds · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the basic concepts related to the types of contracts governed by the statute of frauds — that is, statutes that require evidence of the contract in writing. More particularly, we will look at the categories of contracts governed by the statute, what type of writing […]
Tags:1L·Contracts·defenses·exceptions·Statute of Frauds·writing
Discussions in Contracts: Statute of Frauds under UCC § 2-201
November 21st, 2017 · Comments Off on Discussions in Contracts: Statute of Frauds under UCC § 2-201 · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the basic concepts related Article 2’s statute of frauds. More particularly, we will look at when a contract is governed by § 2-201, the exceptions to the writing requirement of § 2-201, and what type of writing when required is satisfactory. Section 2-201 only applies when […]
Tags:1L·2-201·Contracts·exceptions to writing·merchants·Statute of Frauds·UCC·writing
Discussions in Contracts: Invitations to Negotiate
November 17th, 2017 · Comments Off on Discussions in Contracts: Invitations to Negotiate · Contracts, Lawdibles Audio
The topic of this podcast, by Professor Jennifer Martin, is the basic concepts related to invitations to negotiate or preliminary negotiations and other types of communications that are not offers. In particular, we will look at the basic attributes of advertisements, price quotations, invitations to bid, and auction sales. At the conclusion of this podcast you […]
Tags:1L·ad·auction·catalogs·communications·Contracts·invitation·negotiate
Discussions in Contracts: Duration of Offers
October 24th, 2017 · Comments Off on Discussions in Contracts: Duration of Offers · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is how to determine the duration of the power of acceptance in the offeree and whether that power of acceptance has been terminated. Recall that a contract is a promise or set of promises which the law enforces. Ordinarily, the manifestation of mutual assent takes place […]
Tags:1L·Contracts·duration·offer·rejection·revocation·termination
Discussions in Contracts: Acceptance
October 23rd, 2017 · Comments Off on Discussions in Contracts: Acceptance · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the basic concepts related to acceptance of an offer. Acceptance is simply the name given to the action of an offeree in making the offeror’s promise enforceable. This podcast will look at the basic attributes of acceptance, as well as specific issues related to the […]
Tags:1L·acceptance·Contracts·mirror image·offer·offeree·silence
Discussions in Contracts: Manner of Acceptance: Bilateral and Unilateral Contracts
October 20th, 2017 · Comments Off on Discussions in Contracts: Manner of Acceptance: Bilateral and Unilateral Contracts · Contracts, Lawdibles Audio
This podcast by Professor Jennifer Martin explains how to determine if the offer is one that can be accepted by a return promise, a return promise or performance, or whether a return performance is required. Sometimes you will hear reference to bilateral and unilateral contracts. The terms bilateral and unilateral do not relate to the number […]
Tags:1L·bilateral·Contracts·legal education·offer·unilateral
Discussions in Contracts: Offer
October 18th, 2017 · Comments Off on Discussions in Contracts: Offer · Contracts, Lawdibles Audio
The topic of this podcast by Professor Jennifer Martin is the basic concepts related to offers. In particular, the podcast examines the basic attributes of offers and also looks at the particular types of communications that are typically not offers, such as advertisements and price quotations. Cases discussed include Lefkowitz v. Great Minneapolis Surplus Store (fur coat […]
Tags:1L·advertisements·Contracts·law school·offer·promotions