BARBRI Contracts OutlineSaturday, November 10, 20071:03 PM
7 Questions of Contracts:
Is there an agreement or promise?a.
Is there any reason that this agreement or promise should not be enforced?3.
What are the terms of the contract?4.
Was the contract performed?5.
Excuses for Non-Performance - Is there any excuse for non-performance?6.
How do courts enforce agreements OR what are the consequences when someone first makes an agreementbut then doesn't do what was agreed to do?7.
When do people who did not make the contract have either rights or duties under the contract?Three Places of Contract Law
Article 2 of Uniform Commercial Code (UCC)
If sale of "goods" =>
- tangible property that is NOT real estate, see/touch/move the objectMoveable at the time of contractNo MoneyIncludes unborn young of animals and growing crops
Things “severed from realty”
Other Contacts = Common Law/Case Law (not statutory)
Restatements and Cases
- must examine these provisions
Case law is always controlling
Restatement is secondary
- "never 'controlled' by the Restatement,"talk about Restatement being "
"VocabularyCorrect use of vocabulary phrases is easiest way to create confidence in blue book and answer sheet
Seven Groups of Terms
-Agreement - ContractBilateral - UnilateralCondition - DutyDelegation - NovationExpectation Interest - Reliance InterestImpossibility - Frustration of PurposeParole Evidence - Statute of FraudsRule for Exam Taking
If you have to make up a fact
do not follow the issue
“No reasonable person could think…” –
don’t do it
Ds breach of an expressed contract