PRINCIPLES OF AMERICAN
CONTRACT LAW
Francis J. Mootz III
Associate Dean of Academic Affairs
and Faculty Development
William S. Boyd School of Law
University of Nevada, Las Vegas
Como Summer School Program
July 18-22, 2011
PRINCIPLES OF AMERICAN CONTRACT LAW
Associate Dean Francis J. Mootz III
William S. Boyd School of Law
University of Nevada, Las Vegas
Como Summer School Program
July 18-22, 2011
Monday, July 18, 10:00 – 11:30 (Read pages 1 – 16):
1. Introduction to the U.S. legal system.
A. Federalism; Branches of government.
B. Common law system.
C. Statutes, not codes.
2. Sources of contract law.
A. Common law of contract: cases, Restatements, treatises.
B. Statutes and regulations.
C. The Uniform Commercial Code: a common-law statute.
3. Overview of contract: the jurisprudence of consensual liability.
4. Formation of the Contract.
A. The Objective Theory of Mutual Assent: Ray v. William G. Eurice & Bros., Inc.
B. The Doctrine of Consideration: Batsakis v. Demotsis
C. “Agreement” under the Uniform Commercial Code: Selected Provisions of UCC;
Kleinschmidt Division of SCM Corp. v. Futuronics, Corp.
Tuesday, July 19, 12:00 – 13:30 & 15:00 – 16:30 {Double Class} (Read pages 17 – 40):
1. Alternative Theories of Liability.
A. Promissory estoppel: Pop’s Cones, Inc. v. Resorts International Hotel, Inc.
B. Restitution (“Unjust enrichment”).
2. Interpreting the Contract: Frigaliment Importing Co. v. B.N.S.
3. The obligation of good faith and fair dealing.
A. Common law: K.M.C. Co. v. Irving Trust Co.
B. Uniform Commercial Code: Neumiller Farms, Inc. v. Cornett
Wednesday, July 20 – Contracts does not meet
Thursday, July 21, 10:00 – 11:30 (Read pages 41 – 56)
1. Overview of contract defenses.
2. The defense of undue influence: Syester v. Banta
3. The defense of public policy: Schlobohm v. SPA Petite, Inc.
Friday, July 22, 12:00 – 13:30 (Read pages 57 – 64)
1. Overview of contract damages.
2. Expectation measure (“benefit of the bargain”).
3. Reliance measure (“out of pocket”): Wartzman v. Hightower Productions, Ltd.
4. Restitutionary measure (“return of value conferred”).
5. Specific Performance (“order to comply with contract”).
6. FINAL EXAM (in class).