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 […]
Entries Tagged as 'Contracts'
Discussions in Contracts: Duress and Undue Influence
December 20th, 2017 · Comments Off on Discussions in Contracts: Duress and Undue Influence · Contracts, Lawdibles Audio
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
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
