Contracts

  • This Subject Area Index lists all CALI lessons covering Contracts.
  • The Contracts Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.

Contracts

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Cost of Completion

This lesson explores the issue of whether, in computing the expectation remedy, the court will award the cost of completion or the diminution in value. The lesson can be run either as an introduction to this aspect of damages or as a review after you have completed your study.

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Discharge of Duties: Discussions in Contracts Podcast

This podcast 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 will look at discharge by rescission, substituted performance, substituted contract, novation, and accord and satisfaction.

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Express Conditions: Discussions in Contracts Podcast

The topic of this podcast is when language in a contract is an express condition, such that failure to satisfy the condition results in a performance not being due. A condition can be a good way to hedge in case a party is concerned that it can’t meet its commitments and wants to avoid being in breach of contract. This podcast is related to the discussion of conditions in two other podcasts: Excuse of Conditions and Implied Conditions. This podcast discusses Clark v.

Lesson Viewed

Third Party Beneficiaries: Discussions in Contracts Podcast

This podcast discusses the topic of Third Party Beneficiaries. When can a person who is not party to a contract sue to enforce the contract? While the rule can be found in Restatement (Second) of Contracts § 302, it can be difficult to apply. This podcast explains how to determine the intent of the parties when considering whether the third party is a third party beneficiary. Concepts covered in this podcast include an incidental beneficiary, creditor beneficiary, and an intended beneficiary. The podcast includes the analysis for several hypotheticals and Lawrence v. Fox, 20 N.Y.

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Discussions in Contracts: Acceptance Podcast

The topic of this podcast 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 mirror image rule, the permitted method and manner of acceptance, and acceptance by silence.

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Accord and Satisfaction: Discussions in Contracts Podcast

This podcast explains the concept of Accord and Satisfaction, with a focus on when an accord is formed and when performance under the accord results in a satisfaction. This concept differs from modification. With accord and satisfaction, one party has completed performance and the other party’s only obligation is to render its performance -- usually the payment of money. So the party who has performed is in the position of a creditor and the party who has not performed is in the position of a debtor.

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Agreements Lacking Consideration: Past Consideration and Moral Obligation - Discussions in Contracts Podcast

This podcast explains when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is based on past action or a moral obligation. It also presents common situations involving past consideration, including the exception provided under the material benefit rule. The cases Mills v. Wyman and Webb v. McGowin are discussed. 

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Assignment and Delegation: Discussions in Contracts Podcast

The topic of this podcast 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 right to receive money, and the liability involved with the delegation of a duty to pay money, are also covered. Finally, it examines prohibitions of assignment of rights or delegation of duties, including what it means to enforce such a prohibition.

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Certainty: Discussions in Contracts Podcast

The topic of this podcast is the basic concept of certainty in computing damages. Certainty is a principle that can limit a plaintiff's recovery in a claim for breach of contract. According to Restatement (Second) of Contracts § 352, "Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty." The podcast discusses what certainty requires and the purpose behind certainty.

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Choice of Law: Discussions in Contracts Podcast

Prof. Burnham, author of many CALI lessons and podcasts, discusses choice of law in contract cases. Choice of law occurs when there is an issue of which jurisdiction’s law the courts will apply to a substantive issue. Choice of law is not a question of where a case will be heard, but instead what law applies when hearing the case. Prof. Burnham discusses how parties can influence what law will apply as well as what restrictions apply when doing so. Also discussed are the older and revised versions of UCC Art.

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