(Sponsored Links, Helps Support Bandwidth Costs)
David Phillips
OUTLINE
All page references, unless otherwise noted, refer to pages in Farnsworth, Young & Sanger, Contracts Cases and Materials (Foundation, 6th ed. 2001). Students should also purchase the West statutory supplement selected for the course and, when reference in a case is made to a section of the Uniform Commercial Code, read that section prior to class. From time to time, additional materials may be suggested or assigned.
In addition, the course is on the web at http://lawschool.westlaw.com/twen. It is listed as Contracts, Spring 2002 under my name. Using your Westlaw password and identification number (if you do not have these, the library can help you), please go to this web site and bookmark the course. When you do so, you will be listed as "enrolled" in the course for purposes of establishing an e-mail list. Past experience indicates that use of the Explorer browser provides easier access to the TWEN web site than does Netscape. Two discussion groups have been established at the web site: one for general questions and discussion and one for problems and hypotheticals. The former discussion forum should be used to pose and/or answer questions and hold discussions about the course material. Each student is required to post at least five entries during the course of the semester. Substantially every day I will look at the forum and try to answer any questions that have been posed. The latter discussion site will be used to post some hypotheticals or problems that might help you to gauge your understanding of the material.
Assignment Subject Pages
Number
Ch. 1 Basis for Enforcing Promises
1 1. Meaning of "Enforce" 1-22
2 2. Consideration as a Basis
for Enforcement
(A) Fundamentals of Consideration 22-39
3 (B) Requirement of Exchange: Past Action 39-50
4 (C) Requirement of Bargain 50-66
5 (D) Promises as Consideration 66-86
6 3. Reliance as a Basis of Enforcement 86-102
7 4. Restitution as an Alternative Basis for Recovery 103-13
Ch. 2 The Bargaining Process
8 1. The Nature of Assent 119-30
2. The Offer 130-37
9 137-51
10 3. The Acceptance 151-72
11 4. Termination of the Power of Acceptance 172-94
12 5. Acceptance Varying Offer: 194-223
The "Battle of the Forms" and the UCC
13 6. Precontractual Liability 223-39
14 239-51
7. The Requirement of Definiteness 251-62
Ch. 3 The Requirement of a Record for Enforceability: The Statute of Frauds
15 1. Introduction 263-67
2. Problems of Statutory Scope 267-77
16 3. Requisites of Recording and Signing 277-84
4. Ameliorating the operation of the Statute 284-98
Ch. 4 Policing the Bargain
17 1. Capacity 299-312
18 2. Unfairness: Conventional Controls 312-24
19 3. Overreaching: Conventional Controls
(a) Pressure in Bargaining 324-52
20 (b) Concealment and Misrepresentation 352-65
21 4. Unconscionability and Problems of Adhesion Contracts 366-399
22 400-23
23 5. Public Policy 423-50
Ch. 5 Remedies for Breach
24 1. Specific Relief 451-69
25 2. Measuring Expectation 469-91
26 3. Limitations on Damages
(a) Avoidability 491-521
27 (b) Foreseeability 521-36
(c) Certainty 536-42
28 3. "Liquidated Damages" and "Penalties" 542-54
Ch. 6 Finding the Law of the Contract
29 1. Determining the Subject Matter to be Interpreted 555-71
30 2. Interpreting Contract Language 571-604
31 3. Filling Gaps 604-19
32 619-38
33. 638-63
Ch. 7 Performance and Breach
34 1. Conditions
(a) Effects of Conditions 664-72
(b) Problems of Interpretation 672-85
35 (c) Mitigating Doctrines 685-92
2. Constructive Conditions of Exchange 692-700
3. Mitigating Doctrines
(a) Substantial Performance 700-07
36 (b) Divisibility 707-09
(c) Restitution 709-20
37 4. Suspending Performance and Terminating the Contract 720-40
4. Prospective Nonperformance
(a) Anticipatory Repudiation 740-53
38 753-72
(b) Assurance of Due Process 772-84
Ch. 8 Basic Assumptions: Mistake, Impracticability and Frustration
39 1. Mutual Mistake 785-800
2. Impracticability of Performance 800-31
40 3. Frustration of Purpose 831-48
4. Half Measures 848-56
41 Ch. 9 Third Party Beneficiaries 857-85