1L CONTRACTS OUTLINE
Candace Mays
PART I: FOUNDATIONS OF CONTRACTS AND RELATED OBLIGATION
W1, S1
Lecture 08/24
C1. Introduction
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I.
VOCABULARY:
o Theory of Obligation (3)
o Promissory Estoppel (3)
o Common Law (4)
Contract and Related Obligation P. 3-34
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VOCABULARY:
o Non-Commercial Specially Drafted Agreement (5)
o Absolute Principle (8)
o Specific Performance (Remedy) (14)
o Affirmative Defense (19)
o Special Verdict (21)
o Tribunal of Trial/Courts of Review (25)
o Standard Form Agreements (31)
 Should be used only in situations that are identical to original use, similar
in time and nature.
o Contracts of Adhesion (32)
o Relational vs Discrete Exchange (33)
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MAJOR CASES:
o White v Benkowski
Facts:
P (White) entered into a contract with neighbor Benkowski (D) for the purposes of receiving
water to his home which had no other source. P was to receive water source in exchange for $3
monthly pmt, $400 for the necessary supplies, and 50% of future repairs related to the water
source. Contract drafted by non-lawyer and thus lacked significant foresight. When relationship
grew unfavorable, D reported experiencing interruption in water access and sued.
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Complaint w/ Cir Ct of Wis.
o D: Motion to Dismiss (Demurrer), denied. Answer filed.
Circuit Ct – Trial by Jury.
o Special Verdict: $10 Comp, $2000 Pun.
Post-Trial Proceeding:
o Judgment for $1 in damages (+ court costs) to P. No remedy for
punitive damages available.
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SC Appeal, compensatory damages reinstated ($10), Otherwise affirmed (no
punitive) (28).
KEY CONCEPTS:
o Punitive Damages.
 not an available remedy for contract breaches except where a recognized
tort is pleaded and proved. At the discretion of the jury, never a right.
o Compensatory Damages (20) o Nominal Damages (20) – Trivial sum of money.
o Pecuniary Loss (20)
o (Theories of) Obligation
 SIGNIFICANT CITATIONS
TREATISES, LAWS, RULES, AND STATUTES CITED
o
o
o
UCC, Article 2.
“Such an amount (remedies sought in breach) must necessarily reflect the
damages to you or it will not be legally enforceable. (11)
Conflict of Interest in Client-Lawyer Relationship (Model Rules of Professional
Conduct, Rule 1.7 (2002) (12).

OTHER CASES CITED
o Campbell v. Sutliff (1927), 193 Wis. 370 (24).
 Precedent: allows for Court to revise damages without new trial.
o McWilliams v. Bragg – “under proper circumstances, P entitled to recover
exemplary or punitive damages.
o Kink v. Combs,
 Fuch’s v. Cooper, precedent. (27) RE: Punitive Damages.

Questions
1. What does it mean to take exception following an overruled objection? (21)
II.
o
o
III.
Major Soc. Resources That Facilitate Agreements + Their Performance P. 34-38
NEW VOCABULARY:
KEY CONCEPTS:
General Theories of Obligation and their Remedies (Intro) P. 38-41
A. Theories of Obligation (38)
B. Remedies
o Uniform Commercial Code SS 1-305A (41)
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NEW VOCABULARY:
CASES:
o Name
o Citation
o Facts
o Procedural History
o Holding
o Reasoning Disposition
o Dissent
o Reflection
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KEY CONCEPTS:
C2. General Theories of Obligation
I.
Theories of Obligation + Relevance to Lawyers Role P. 51
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II.
NEW VOCABULARY:
MAJOR CASES:
o Name
o Citation
o Facts
o Procedural History
o Holding
o Reasoning Disposition
o Dissent
o Reflection
HONORABLE MENTIONS:
KEY CONCEPTS:
o Consideration 51-62
Obligation from Agreement w/ Consideration (53)
THE LEADING THEORY
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NEW VOCABULARY:
MAJOR CASES:
o Name: Hardesty V. Smith, Supreme Ct of Indiana, 1851 (53)
 Citation: 3 Ind. 39
 Facts
 Procedural History
 Holding
 Reasoning Disposition
 Dissent
 Reflection
o
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Name: Dougherty C. Salt, NY Ct of App., 1919 (55)
 Citation: 227 N.Y. 200, 125 N.E. 94.
 Facts
 Procedural History
 Holding
 Reasoning Disposition
 Dissent
 Reflection
KEY CONCEPTS:
o Consideration, 51-62
W1, S2
Lecture 08/26
Consideration, Cont’d.
P. 62-79
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NEW VOCABULARY:
MAJOR CASES:
a. Name
b. Citation
c. Facts
d. Procedural History
e. Holding
f. Reasoning Disposition
g. Dissent
h. Reflection
HONORABLE MENTIONS:
KEY CONCEPTS:
Mutuality of Obligation
P. 80-94
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NEW VOCABULARY:
MAJOR CASES:
i. Name
j. Citation
k. Facts
l. Procedural History
m. Holding
n. Reasoning Disposition
o. Dissent
p. Reflection
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KEY CONCEPTS: