Course Objectives

advertisement
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
Download