1L - First Year Lesson Topics

This set of Topics covers subjects typically taught during the first year of law school.
Lesson Viewed

Discussions in Contracts: Duration of Offers Podcast

The topic of this podcast 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 by virtue of an offer by the offeror, which is then followed by an acceptance by the offeree. Once an offer is terminated, the power of acceptance is no longer present unless the offeror revives the offer at a later time.

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Discussions in Contracts: Duress and Undue Influence Podcast

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 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 are obtained by some type of threat or coercion. The defense of undue influence exists for a more specialized role, to protect against assent obtained by unfair persuasion.

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Excuse of Conditions: Discussions in Contracts Podcast

This podcast explains when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails. It also looks at what happens when a court has determined that there is a condition and the failure of the condition might cause a hardship. This podcast is related to the discussion of conditions in two other podcasts: Express Conditions and Implied Conditions, and contrasts the court’s application of excuse of conditions with express conditions. The podcast includes an explanation of restitution as it relates to excuse of condition as well as a brief explanation of Clark v. West Publishing Company. The podcast concludes with an explanation of Restatement (Second) of Contracts § 229.

Lesson Viewed

Foreseeability: Discussions in Contracts Podcast

The topic of this podcast is when consequential damages can be recovered for breach of contract because they are foreseeable. The podcast examines the rules established in Hadley v. Baxendale to determine if a loss is foreseeable and therefore recoverable as a consequential damage, as well as some practical effects of those rules. It also looks at how Article 2 of the UCC handles disclaimers for liability for consequential damages. 

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Good Faith: Discussions in Contracts Podcast

The topic of this podcast 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 discusses the obligations of good faith under the common law - as expressed in Restatement (Second) of Contracts § 205 - and the Uniform Commercial Code § 1-304. It provides some history on the evolution of good faith in UCC Articles 1 and 2, and considers the variations on the definition of good faith adopted among the jurisdictions. Finally, the podcast covers the consequences of a breach of good faith. The cases of Reid v. Key Bank, Billman v. Hensel, and Neumiller Farms v. Cornett are discussed.

Lesson Viewed

Implied Conditions: Discussions in Contracts Podcast

This podcast will explain when a court will supply a condition even where the parties have not expressly written one into the contract. It distinguishes between a promise and a condition under Restatement (Second) Contracts §§ 2 and 224. This podcast references two other podcasts: Express Conditions and the Excuse of Conditions that is used by courts to avoid harsh results of conditions. Additionally, this podcast provides hypotheticals that illustrate the relationship between implied conditions and the rule of constructive conditions of exchange.

Lesson Viewed

Discussions in Contracts: Impossibility, Impracticability and Frustration Podcast

The topic of this podcast 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 nonoccurrence of which are basic assumptions of a contract. This podcast covers the three distinct grounds for excuse provided by contract law: (i) impossibility; (ii) impracticability; and (iii) frustration of purpose.