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 […]
Entries Tagged as 'Contracts'
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
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 […]
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 […]
Tags:1L·bargaining·Contracts·defects·defenses·infants·intoxication·mental illness·policy
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
