I.
SYLLABUS
LAW OF CONTRACTS, RAGAVAN’S SECTION
FALL - 2014
INTRODUCTION
Welcome to the College of Law and the Law of Contracts! This course will provide a
detailed overview of the law of contracts and how the law of contracts governs our
simple everyday transactions.
My role as your teacher is to help you get over the challenges of appreciating and
understanding the new sets of language and principles that you will be exposed to during
the course of this semester. In order to make your progress easy, the following material
gives you broad tailored rules that streamline the course content.
Class Schedule
Our class will meet every Wednesdays and Thursdays between 2-30 and3-45 pm and
Fridays from 2.30 to 3.20 pm in Classroom No. 5. As you are probably aware, this is a 4
credit course scheduled to fit three classes per week.
A schedule of assignments is provided at the end of the syllabus. The syllabus will be our
general guide for the classes. If class discussion slows us down, we will begin the next
class from where we left. There are 42 classes scheduled for the fall semester. The
syllabus assigns reading for 38 classes, thereby allowing flexibility for the pace of
coverage and revisions at the end of the semester. If we fall out of the syllabus, which is
very likely to happen, please be prepared with the next 20 assigned pages.
Moreover, I use the terms “catch-up” or “problems” continually in the reading agenda.
These classes are scheduled for us to either catch-up with the syllabus (if we lag behind)
and/ or work on some problems for you to get a feel of problem-solving. Changes or
revisions, if any, to specific reading assignments in the syllabus will be notified to your
OU e-mail and/or in class. Please note that I reserve the right to schedule make-up
classes for any classes that may be cancelled in the semester.
Required Casebook and Supporting Materials
Knapp, Crystal & Prince, Problems in Contract Law (7TH ed).
Knapp, Crystal & Prince, Rules of Contract Law.
(STATUTORY SUPPLEMENT).
Attendance & Class Preparation
I expect that you will be in class on time and do not expect you to get out of class barring
exceptional circumstances. You are expected to attend, be on time, and be prepared
for class each day of the semester. For our classes, I assume that you have analyzed each
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principal case and carefully studied the accompanying notes.
A roll sheet will be distributed at the beginning of each hour. Your signature certifies
that you are present and prepared for class. If you are not prepared on a given day, let me
know before the start of class so I do not call on you. This will save you the
embarrassment and save the class wasted time. You should NOT abuse this privilege; its
exercise insures that you will be called on in the near future. If I sense that students are
misusing the unprepared policy or any other class privileges, I reserve the discretion to
deduct points from your final grade even after just one or two such instances.
You are allowed three absences over the semester (including those that are specifically
excused by me). For the purposes of this attendance policy, an unprepared or late walkin can count as an absence even if specifically excused. Any absence (or unprepared)
beyond the allowed limit will result in grade reduction. Excessive absences will result in
withdrawal from the course. Generally, I do not care about the reason for an absence;
you are adults who are responsible for your own decisions. Nevertheless, absences will
be excused for extraordinary reasons such as jury duty or a death in the family.
I expect students to behave professionally in a manner befitting the stature of law
students. I reserve the discretion to remove you from class temporarily or permanently
for abuse of any policy or unprofessional conduct. (For e.g., unexcused unpreparedness in
class, sitting in class and stating that you want to be marked absent for that day because
you are unprepared when called on, abuse of computers or ipads or cell-phones, etc,.).
Computers
Please note that use of computers in class is a privilege. As a general rule, use of the
computer for non-class purposes is strictly prohibited. I alone have the discretion to
permit such use, for whatever purposes within class. If I decide that your use interferes
with my pedagogical objectives, I may instruct you to stop using computers in class.
Similarly, I reserve the right to ask you to stop using the computer for any suspected
violation of the computer policy. Use after an instruction to not use will result in
reduction of total grade points. Please note that I never hesitate to alter grades downwards
for misusing computers in class.
Office Hours
I generally maintain an open door policy to encourage you to come by my office at any
time. Nevertheless, I strongly encourage you to take an appointment with me. I also
encourage you to contact me by e-mail, either to make an appointment, or to ask
questions or comment about the reading or class discussion. I check my e-mail regularly
and I try to respond promptly. I generally assume that your OU e-mail ID (and any other
ID that you use to send me an e-mail to me) is active.
I want to stress my availability, subject to a few caveats dictated by educational concerns.
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1. For the first few days, be aware that the initial weeks of law school are expected
to seem confusing, uncertain, disjointed, and disorganized. It is inevitable and
perhaps even desirable to stimulate independent and active thinking. Do not
despair. For most students, things clear up soon enough. I am happy to help you
get more clarity provided you invest the hard work required and be ready with
your questions. Also, do not disadvantage yourself by waiting until we are well
into the middle of semester to tell me that you never understood anything that was
ever taught in this class. I am afraid that at that stage my help may not be of much
use.
2. For specific questions about the materials or classes, think out your questions in
advance and be ready with them before we meet. When what you have worked
out to me, we will have something concrete to work with.
3. Don’t be afraid to ask your questions in class so we can all benefit from your
thinking. Questions or doubts that bother you are probably shared by others.
There’s no such thing as a stupid question. Please be aware, sometimes if a
question deserves more time or is tangential to the issue we are discussing, I may
choose to address it privately to avoid taking the class off-track.
II.
THE CLASS
Law school classes can be very different from traditional undergraduate classes
especially since we use the case study method which is significantly different from other
methods of studying.
Later as lawyers, you will still use decided cases to solve real life issues of your clients.
Thus, the case study method is not a passive exercise and is not intended to tie the
material into a neat package. Instead, class should build on the basic understandings
obtained from your careful preparation, answer some of your questions, and raise many
new questions.
In class, you will note that the professor can use the same legal principles and argue for
both parties in the case. Appreciate the differences and understand them. I will call on
you in-class. The question and answer dialogue is designed to open the way to deeper
understanding (and further questions). I strongly encourage each person to actively
participate in class discussions. Participating in class forces you to listen more closely to
the arguments made so you can evaluate their merits; your comprehension of the material
is thus improved. Do not bring Legalines, Casenote Legal Briefs or other "canned briefs"
into my class.
Importantly, note that in law, there is no right answer or wrong answer. Thus, the crux is
to spot the right issue, to analyze using legal principles and arrive at your independent
conclusion.
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III.
COURSE
This course is meant to help you understand how lawyers think, to show you the skills
they use to solve problems, and to present basic principles of contract law.
It is not my primary goal to teach you a comprehensive set of "black letter" legal
principles for you to memorize and reproduce on the final examination. Instead, the
objective is for you to understand the law, apply it to the situation you are confronted
with to finally develop a sound legal conclusion.
Case Study Method
The course will follow a case-study method. The use of this method allows us to
understand the application of legal principles using the study of decided cases, and as you
will notice throughout the semester, we will deal with one case after another. Your goal is
to understand how each case applies the available legal principles to arrive at a decision.
In this regard, it is good for you to appreciate how the court culls out the issue that is the
principal question(s) for answer and what legal principles are applied to address that
issue.
Appreciate how the same legal principles and the same set of facts are used in each case
by both the parties to present arguments favorable to their respective positions. Also,
understand how and what principles the court uses to arrive at a decision. Once you are
done reading the case, spend some time reflecting on whether the assigned cases are
consistent with each other, and if not, if there is a way to resolve the apparent
inconsistencies. Try to analyze how the assigned cases fit into the overall chapter
organization.
As you read, understand the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
who the parties are,
what they want from each other,
the procedural history in making those claims,
the main issues in the case,
what questions the court goes through the decide the main issue of the case,
what facts the court uses to make its decision,
the narrow grounds of the court's decision,
what major arguments the court adopts, and
what rules the court enunciates, and
how these rules have value as a precedent.
If there is a dissenting or concurring opinion, note the writer's disagreement with the
majority opinion. Note that as lawyers you will be exposed to new terms. Furthermore,
old terms may assume new meaning. Understand and try to learn the meaning of new
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terms or procedures before class. If you are unable to understand or appreciate the
meaning of any term used in its context, please always contact me.
READING SCHEDULE
PLEASE NOTE: If we fall out of the syllabus for any reason, which is very likely to
happen, please be prepared with the next 20 assigned pages.
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Introduction to Contract Law
pp. 5-26
Allen v. Bissinger
Feldman v. Google
2.
Basis of contractual obligation
pp. 31-52
Ray v. Eurice Bros
Lonergan v. Scolnik
Izadi v. Machado
3.
Basis of contractual obligation
pp. 54-70;
Normille v. Miller
Peterson v. Pattberg
Cook v. Coldwell Banker
4.
5.
Basis of contractual obligation
Catch-up;
Hamer v. Sidway
Pennsy v. American Ash
pp. 97- 108
Consideration
pp. 113-134
Dougherty v. Salt
Batsakis v. Demotsis
Plowman v. Indian Refining Co
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6.
UCC
pp.142-158
Jannusch v. Naffziger
E.C. Styberg v. Eaton
7.
UCC
pp. 159-174
Princess Cruises v. General Electric
Brown v. Hercules
8.
Electronic Contracting
pp. 186-194 (catch-up)
Hines v. Overstock
9.
Promissory Estoppel and Restitution
pp. 209-228
Kirksey v. Kirksey
Harvey v. Dow
King v. Trustees of Boston
10.
Promissory Estoppel and Restitution
pp. 229- 233; 247-258
Katz v. Danny Day Care
James v. Gimble Bros
Drennen v. Star Paving Co
11.
Promissory Estoppel and Restitution
pp. 261-271; 278-285;
Berryman v Kmoch
Pops cones v. Resorts
Credit Burea v. Pelo
12.
Promissory Estoppel and Restitution
pp. 286-304
Commerce v. Equity
Watts v. Watts
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13. Promissory Estoppel and Restitution
pp. 308-323
Mills v. Wyman
Webb V. McGowin
14. Statute of Frauds
Crabtree v. Arden
Alaska Democratic Party v. Rice
15. Principles of Interpretation & Parole Evidence
Joyner v. Adams
Frigaliment v. BNS International Sales
16. Principles of Interpretation & Parole Evidence
pp. 325-336; 347-359
catch-up; problem
Catch-up; problem
pp. 374-390
pp. 393-408
C & J Fertilizers v. Allied Mutual
Thompson v. Libby
17. Principles of Interpretation & Parole Evidence
Thompson v. Libby
Sherrod v. Morrison
18. Implied Terms and Warranties
pp. 408-416; 431-436
catch-up; problems
pp. 457- 479
Wood v. Lucy
Leibel v.Raynor
Seidenberg v. Summit Bank
19. Implied Terms and Warranties
pp. 489- 499 & problems
Locke v. Warner Bros
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20. Implied Terms and Warranties
pp. 515-530
Bayliner v. Marine
Caceci v. Di Canio
21.
Avoiding Enforcement
pp. 533- 538; 542-553
Dodson v. Shrader
Hauer v. Union State Bank
22
Avoiding Enforcement
pp. 553-569;
Totem Marine v. Alyeska
Odorizzi v. Bloomfield
23
Avoiding Enforcement
pp. 571-595
Syester v. Banta
Hill v. Jones
24.
25
Avoiding Enforcement
pp. 595-610
Park 100 v. Kartes
Williams v. Walker Thomas
(Problems & Catch-up)
Justification for Non-performance
pp. 663-688
Lenawee County v. Messerly
Wi-Fred v. Metro Board
26
Justification for Non-performance
pp. 688- 713;
Karl Wendt v. Inter. Harvester
Mel Frank v. Di Chem
8
pp. 717 - 741
27
Justification for Non-performance
Alaska Packers v. Domenico
Kelsy Hayes v. Galtaco
Brookside v. Mama Rizzio
28.
Rights and Duties of Third parties
pp. 745-755
Vogan v. Hayes
29.
Rights and Duties of Third parties
pp. 767-786
Herzog v. Irace
Sally Beauty v. Nexxus Products
30.
Consequences of non-performance
pp. 789-806
Oppenheimer v. Oppenheim
JNA Realty v. Cross Bay
31.
Consequences of non-performance
pp. 809-827
Jacob v. Young
Sakett v. Spindler
32.
Consequences of non-performance
pp. 828- 834 & one problem
Truman v. Schupf
33.
Expectation damages
pp. 862-874
Handicapped Children v. Lukaszewski
American Std. v. Schetman
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34.
Expectation damages
pp. 874- 887
Hadley v. Baxendale
Florafax Int v. GTE Market Resources
35.
Expectation damages
pp. 891-895; 910-916;
Rockingham v. Luten
Jetz v. Salina
36.
Expectation damages
pp. 916-934
Zapata v. Hearthside
Erlich v. Menezes
37.
Alternative to Expectation damages - UCC
pp. 943 -963
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&
Alternative to Expectation damages
pp. 971-1000
39.
40.
Wartzman v. Hightower
US Coastal Steel Erectors v. Algernon
City Stores v. Ammerman
Barrie School v. Patch
Catch-up and more
pp. 1036-1053
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A NOTE ON THE FINAL EXAMINATIONS
Final Examination
1. The final exam is scheduled on December 5th at 9: am. The exam will be for 100
points. The questions will probably be a combination of a few short answers and
the traditional law school essay questions designed to test application of
substantive law to factual situations using the case method of study.
I am generally available to proctor the exam. If not, I will notify you in advance
and ensure that someone else is around to answer your questions. Be aware that in
any event, I will not leave you without adequate guidance and will take my
absence into consideration while grading the exams.
DO NOT PSYCHE YOURSELF INTO A PANIC BEFORE THE EXAMS. In
my experience, those who are able to control their panic do much better in the
exams than those who are unable.
2. For the exam, I expect you to spot the issues, analyze them with knowledge of the
cases that we discussed in class. My essay questions typically focus on issue
spotting issues and analysis rather than seeking basic recall of many contract
doctrines. This type of test correlates with the type of class discussions we will
have. The essay questions are fact situations which require you to identify several
major and minor legal issues and organize your analysis of those issues into a
cohesive, logical answer. I expect you to understand the law, the precedents and
present a discussion of the exam question accordingly.
3. Law school examinations are graded anonymously. The law school will assign
you an exam number; professors cannot learn a student's identity until after the
final exam grades have been turned in. It is your responsibility to get an exam
number. Please do not include anything in your answers which might identify
you (except, of course, your number).
4. Computers: I encourage the use of laptop to write your examination. You will get
further rules in this regard from the computer department well before the exams.
5. After exams have been anonymously graded, I always factor in students
attendance and participation to determine final grade. The professor reserves the
discretion to do upward or downward adjustments, particularly where the
numerical score falls near the border between grade levels. Similarly, I reserve the
right to award points for class participation or to deduct points for unprofessional
behavior in class like unexcused absences or unpreparedness in class. Thus, your
final grade may be affected by your in class activities.
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6. I will try to give you opportunities to have optional practice for the exams in
advance; we will allot some class time to discuss exam-taking techniques and
analyzing the practice exam.
7. Any student who has a disability that may prevent him or her from fully
demonstrating their mastery of the material should contact the Associate Dean as
soon as possible. Dean McCall will advise you on the procedure to obtain a
reasonable accommodation necessary to make the most of your educational
opportunity. Please note that unless you register your need with the University of
Oklahoma Office of Disability Services, I may be unable to give you special
privileges on account of your disability.
8. Generally, what I say about this course supercedes what anyone else, including
your seniors or mentors, may say on the same subject. In the event you need
clarification, it is your responsibility to seek me out for such clarifications. On a
general note, I reiterate my assumption that your enrolment in law school signifies
that you are capable of conducting yourself professionally.
I hope you enjoy the semester with me. I look forward to meeting you soon.
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