Contracts Management X409.19 3 Units Summer Quarter 2015 Class Meeting Information Starts Wednesday, July 8th 2015 Ends Wednesday, September 9th 2013 All classes will be on UCI Campus Instructor Information Name: Michaël Fischer, JD Phone: (949) 724-0200 Email: mfischer@mckassonklein.com Website: http://unex.uci.edu Michaël Fischer is a partner at the law firm of McKasson & Klein LLP. His practice focuses on educational law, employment law, and general corporate law both in domestic and international contexts. He is a distinguished graduate of the University of Southern California Law School, author of numerous legal publications, and presenter of frequent seminars. He draws upon his litigation and transactional experience to teach dynamic courses in torts, contracts, civil litigation and employment law. Course Description This is a required course in the Paralegal Certificate Program. Contracts is a required course in the Paralegal Certificate Program. When two or more parties seek to enter into a formal agreement, there are several key considerations. Is the purpose of the agreement legal? Is it feasible? Do all of the parties clearly understand the agreement’s provisions? In this course, we will address these initial considerations as well as many others including such legal concepts as contract authority, execution, consideration, performance, amendment, and novation. We will begin by exploring the legal requirements of the contract formation process. We will then examine how to draft a fully binding contract using clear, understandable terms for both routine and unique business circumstances. © Copyright 3/6/2016 UC Regents unex.uci.edu 1 Prerequisites — Classes or Knowledge Required Before Taking This Course Although you are not required to have specific knowledge of computer applications, you should have sufficient computer familiarity to prepare documents in Word or Word Perfect format. Additionally, you should have access to the internet. Further, you should have a good grasp of English grammar and composition skills. Course Objectives At the end of this course, you will be able to: List and explain the fundamental elements of a contract Analyze who can enter into a contract Explain when a contract can be modified and how to modify it List and analyze the defenses to contract formation Explain when performance is fulfilled or excused Describe and apply legal and equitable remedies for breach of contract Explain the use of technology in the field of contract law Draft contract clauses and contracts based on a given fact pattern Course Material Basic Contract Law for Paralegals – Jeffrey A. Helewitz (seventh edition) Aspen Publishers. Our course text is organized according to substantive areas of the law. The readings from the text are required. All readings must be done before the corresponding class. Please bring the text to every class. Evaluation and Grading Evaluation of Student Performance Weighted as Percentages of the Total Grade Assignments (2) 20% Midterm Exam 20% Final Exam 50% Attendance/Participation 10% 100% Grading Scale A = 90% – 100% B = 80% – 89% C = 70% – 79% D = 60% – 69% F = 59% or less © Copyright 3/6/2016 UC Regents unex.uci.edu 2 Code of Conduct All participants in the course are bound by the University of California Code of Conduct, found at http://www.ucop.edu/ucophome/coordrev/ucpolicies/aos/uc100.html. Academic Honesty Policy The University is an institution of learning, research, and scholarship predicated on the existence of an environment of honesty and integrity. As members of the academic community, faculty, students, and administrative officials share responsibility for maintaining this environment. It is essential that all members of the academic community subscribe to the ideal of academic honesty and integrity and accept individual responsibility for their work. Academic dishonesty is unacceptable and will not be tolerated at the University of California, Irvine. Cheating, forgery, dishonest conduct, plagiarism, and collusion in dishonest activities erode the University's educational, research, and social roles. Students who knowingly or intentionally conduct or help another student engage in dishonest conduct, acts of cheating, or plagiarism will be subject to disciplinary action at the discretion of UC Irvine Extension. Disability Services If you need support or assistance because of a disability, you may be eligible for accommodations or services through the Disability Service Center at UC Irvine. Please contact the DSC directly at (949) 824-7494 or TDD (949) 824-6272. You can also visit the DSC’s website: http://www.disability.uci.edu/. The DSC will work with your instructor to make any necessary accommodations. Please note that it is your responsibility to initiate this process with the DSC. Course Policies What I Expect from You: Please be here and on time. Class attendance is not optional. Turn in any homework at the beginning of each class. Any homework not submitted by the start of the class period in which it is due will receive a 10% reduction of possible points for that assignment. The homework will receive an additional 10% reduction for every subsequent day that it is late. Cell phones must be either turned off or silenced. Please no texting during class. Laptops can be used for note taking purposes only. Use of laptops during class for other purposes (internet, e-mails, etc.) is prohibited. Make-up examinations will not be granted absent proof of medical/family emergency. Courtesy and respect to others is expected at all times. Homework Submission Guidelines: Hard copy. The expected method. © Copyright 3/6/2016 UC Regents unex.uci.edu 3 Electronic copy. If, and only if, you will not be able to attend a class, you may submit papers via email to me at mfischer@mckassonklein.com. It is your responsibility to provide me your document in formatting I can read (Word format is ideal). Material must be typed. All homework and other assignments must be typed unless specifically instructed otherwise. Course Outline Note: Due to the nature of the field of study in this course, I reserve the right to alter the course syllabus at any time. Date July 8th Reading for Today Chapter 1 Objectives Discuss the purpose of contracts Analyze what constitutes contracts and their basic enforcement Date Reading for Today Chapters 2 and 3 Objectives Understand offer and acceptance July 15th Date Reading for Today Chapters 4 and 5 Objectives July 22nd © Copyright 3/6/2016 UC Regents unex.uci.edu 4 Understand the concept of consideration Review the requirement that contracts’ subject matters be legal Date July 29th Reading for Today Chapters 6, 7 & 12 Objectives Analyze contractual intent including issues of duress, fraud, and mistake Discuss the Statute of Frauds, contractual conditions, and other contract provisions Examine various finalized contracts and their provisions Assignment #1 is due Date Reading for Today None Objectives © Copyright 3/6/2016 UC Regents August 5th unex.uci.edu 5 Midterm Examination Date August 12th Reading for Today Chapter 10 Objectives Discuss performance and other discharge of contractual obligations Date Reading for Today Chapter 11 Objectives Understand contractual remedies, lawsuits and arbitrations August 19th Date August 26th Reading for Today Chapters 8 and 9 Objectives ForceF Understand the Uniform Commercial Code s Third Part Analyze third party contractual rights Assignment # Assignment #2 is due Date September 2nd Reading for Today None Objectives ForceF Review for Final Examination © Copyright 3/6/2016 UC Regents unex.uci.edu 6 Date September 9th Reading for Today None Objectives Final Examination © Copyright 3/6/2016 UC Regents unex.uci.edu 7