COURSE INFORMATION
Contracts
Professor Morrissey
Spring, 2014
MWTh. 8- 9:10 am
COURSE MATERIALS
Farnsworth, Young, Sanger, et al., Contracts, (Foundation 8th ed. 2013) (Casebook-Required).
Selections for Contracts, (Foundation, 2011) (required).
Farnsworth, Contracts, (4th ed. Aspen, 2004) (Hornbook-Recommended).
CLASS PROCEDURES
1.
All students are expected to come to class on time and prepared to recite.
2.
No recording of class is allowed.
3.
Please turn off all cell phones, beepers, and pagers in class.
4.
Civil comments and behavior are expected.
5.
We will use a seating chart.
6.
We will take attendance.
7.
I will call on people. Also please raise your hand if you wish to be recognized to speak.
EXAMS AND GRADING
There is one grade given for the class. 25% of that grade will be based on a mid-term
exam given during a class period and 75% of it will be based on a three hour exam given at the
end of the spring term. The form of the exams will be discussed during the class.
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OFFICE HOURS AND OTHER CONTACT INFORMATION
My office is Room 439 on the 4th Floor in the faculty suite. I will usually be there during
normal business hours unless I have class or am in a meeting. Feel free to drop in at any time. I
will hold formal office hours from 9:15-10:15 AM on Monday, Wednesday and Thursday. My
office phone is 313-3693 and you can also reach me by email. My email address is
dmorrissey@lawschool.gonzaga.edu . Please feel free to contact me that way if you’d like to
make a specific appointment to see me.
You may also wish to ask questions or offer comments about class by sending me an
email message. I have found that if one student has a question about a particular matter, many
other students are usually unsure of it as well. Therefore unless you request that the question not
be shared with your classmates, I may send my answer to all students in the course.
READING ASSIGNMENTS
Class One – Topic -- The Goals of Contract Law, Contract Remedies and Damages
Major Case – Sullivan v. O’Connor
Farnsworth Casebook (Casebook) pp. v (preface), Li (note on editing) pp.1-4, 14-24.
Restatement (Second) (Rst.) §§ 1, 344, 351(3).
Farnsworth Hornbook (Hornbook) pp. 3-9,116-17, 45-47, 809-10.
Class Two – Topics -- The Economics of Promises, Family Promises, The Doctrine of
Consideration
Major Case -- Hamer v. Sidway
Casebook pp. 31-41. Rst. § 71(1)(2).
Hornbook pp. 9-19, 47-53, 119.
Class Three – Topics -- Gratuitous Promises, Settlement of Claims, Past Consideration
Major Cases – Dyer v. National By-Products, Feinberg v. Pfeiffer Co
Casebook pp. 43-52 , Rst. §§ 71(3)(c), 74.
Hornbook pp. 53-57, 72-75.
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Class Four – Topic – Moral Obligation,
Major Cases: Mills v. Wyman, Webb v. McGowin, Harrington v. Taylor
Casebook pp. 52-58, Rst. §§ 71(1), 82-83, 86 Comment d, Illustrations 6-7.
Hornbook pp.: 57-63.
Class Five – Topic -- The Requirement of Bargain, Reward Contracts
Major Cases -- Kirksey v. Kirksey, Lake Land Employment Group of Akron, LLC v.
Columber, Broadnax v. Ledbetter
Casebook: pp. 58-71.
Hornbook: pp. 66-70, 75-77
Class Six – Topics -- Promises as Consideration, Offers in Jest, Illusory Promises
Major Cases -- Strong v. Sheffield, Leonard v. Pepsico
Casebook: pp. 72-76, 130 (Note 3), 150 (Note 2) , Rst. §§ 75, 77, 54.
Hornbook pp. 75-77
Class Seven – Topics -- Consideration in Real Estate Contracts and Contracts for the Sale
of Goods, Implied Promises
Major Cases -- Mattei v. Hopper, Structural Polymer, Wood v. Lucy, Lady Duff-Gordon
Casebook pp. 76-90, U.C.C. § 2-306.
Hornbook pp. 77-79. 81-85
Class Eight – Topic -- Promissory Estoppel, Reliance as a Substitute for Consideration
Major Cases -- Ricketts v. Scothorn, Feinberg v. Pfeiffer
Casebook: pp. 90-100, Rst. § 90.
Hornbook: pp. 90-99.
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Class Nine – Topics -- Restitution/Quasi Contract, Reforming Consideration, The Nature of
Assent
Major Cases -- Cotnam v. Wisdom, Callano v. Oakwood Park, Pyeatte v, Pyeatte, Lucy
v. Zehmer.
Casebook: pp. 112-31.
Hornbook: 99-121.
Class Ten – Topics – The Nature of Assent
Major Case – Specht v. Netscape
Casebook: pp. 131-140
Class Eleven – Topic -- The Offer, Advertisements
Major Cases -- Owen v. Tunison, Harvey v. Facey, Fairmount Glass Work,. Lefkowitz v.
Great Minneapolis Surplus Store
Casebook: pp. 140-51.
Hornbook: pp. 129-36.
Class Twelve – Topics – Auctions, Unilateral Mistakes, The Acceptance
Major Cases – Elsinore Union v. Kastorff, International Filter Co. v. Conroe Gin
Casebook pp. 151-62, U.C.C. § 2-328, Rst.§§ 151-53, 54-56.
Hornbook: pp. 614-19, 149-52.
Class Thirteen – Topics – Notice of Acceptance, Acceptance by Performance
Major Cases – White v. Corlies & Tift, Ever-Tite Roofing v. Green, Allied Steel v. Ford
Motor Co
Casebook: pp. 152-70, Rst. §§ 30, 50(2), 53(1), 54(2), 60, 62, U.C.C. §§ 2-204, 2-206.
Hornbook: pp. 137-45.
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Class Fourteen – Topics – Silence as Acceptance, Lapse of Offers, Revocation, Options
Major Cases – Corinthian Pharmaceutical Systems v. Lederle Laboratories, Dickinson v.
Dodds
Casebook pp. 170-84, , Rst. §§ 53(2), 69, 36, 37, 43, 46.
Hornbook: pp. 145-49, 152-55, 157-60.
Class Fifteen – Topics – “Firm Offers,” Death of the Offeror, Rejection, Counter-Offers,
The Mailbox Rule
Major Case – Drennan v. Star Paving, Adams v. Lindsell, Minneapolis & St. Louis v.
Columbus Rolling-Mill
Casebook: pp. 184-97, U.C.C. § 2-205, Rst. §§ 45, 87(2), 48, 37, 39, 61, 42, 63.
Hornbook: pp. 170-79, 184-89, 155-57, 160-61
Class Sixteen – Topic – The Mirror-Image Rule U.C.C.’s Approach to the Battle of the
Forms
Major Case - Dorton v. Collins & Aikman Corp, C. Itoh v. Jordan Int’l Co
Casebook pp. 199-213, U.C.C. §2-207.
Hornbook: pp. 161-70.
Class Seventeen – Topic – The Knockout Doctrine, The Operation of U.C.C. 2-207
Major Cases --. Northrop Corp .v. Litronic Industries, Step-Saver Data Systems v.
Wyse, ProCD v. Zeidenberg
Casebook: pp. 217-230.
Hornbook: pp. 290-92.
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Class Eighteen – Topics – Shrinkrap and the Battle of the Forms, Pre-contractual Liability,
Reliance on Negotiations, The Requirement of Definiteness
Major Cases- Hill v. Gateway, Hoffman v. Red Owl, Toys, Inc. v. F.M. Burlington
Casebook: pp. 230-41, 258-63 UCC 2-305; Rst. § 33.
Hornbook: 189-15.
Class Nineteen: – Midterm Exam
Further Assignments will be given at a later date.
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