Contracts - Carolina Academic Press

Copyright © 2015 Carolina Academic Press. All rights reserved.
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Introduction to course
II. Introduction to contract law
and contract law practice
III. Contract law policies
IV. Common law vs. U.C.C.
Article 2 Contracts
I.
Copyright © 2015 Carolina Academic Press. All rights reserved.
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2nd Rest. of Contracts §1:
“A contract is a promise
or set of promises for
the breach of which the
law gives a remedy, or
the performance of
which the law in some
way recognizes as a
duty.”
Paraphrase?
Copyright © 2015 Carolina Academic Press. All rights reserved.
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Copyright © 2015 Carolina Academic Press. All rights reserved.
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Introduction to course
II. Introduction to contract law
and contract law practice
III. Contract law policies
IV. Common law vs. U.C.C.
Article 2 Contracts
I.
Copyright © 2015 Carolina Academic Press. All rights reserved.
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 Exchange
your responses to
Exercise 1 with the student sitting
next to you.
 Correct your peer’s answer.
Copyright © 2015 Carolina Academic Press. All rights reserved.
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1. Turn on your clicker by sliding the switch to 1.
2. The screen will say “scanning classes” Please enter
the first letter or number on the yellow bar above
and then press ENTER (the green arrow) when you
see the words “My Class”.
3. Press ENTER when it asks for your ID, leaving the ID
blank.
4. (Note: If the unit seems to switch off, it is in sleep
mode. Press any key to awaken it.)
5. If you have completed the above steps, press “A”
and then ENTER.
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Copyright © 2015 Carolina Academic Press. All rights reserved.
Samantha and Kendra entered into a contract by which Kendra
agreed to mail Samantha her set of six Harry Potter novels and
Samantha agreed to pay Kendra $240. Assume the contract
included a clause that provided that any dispute between
Samantha and Kendra would be governed by Article 2 of the
UCC. If, based solely on this clause, a court were to conclude
the contract would be governed by Article 2, this result can best
be explained by
a. The freedom of contract policy because parties should be
able to agree to the body of law that governs their disputes
b. The fairness policy because Article 2 is fairer
c. The fairness policy because people like Samantha and
Kendra would prefer things to be that way
d. The freedom of contract policy because Article 2 promotes
greater freedom to make contracts
Copyright © 2015 Carolina Academic Press. All rights reserved.
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Ana and Betty were negotiating the purchase by Ana of Betty’s
house and land for Ana to use as her home. Ana was the
religious leader of Betty’s church. The negotiations took place at
1:00 p.m. in Ana’s office; Ana, Ana’s attorney and Betty
participated. Ana and Betty eventually signed a contract by
which Ana agreed to pay Betty 15% less than the value of Betty’s
land. Assume Betty has sued Ana, seeking to get out of the
contract based on the unfair price. If the court denied Betty’s
request and enforced the contract, the most likely public policy
bases of that decision would include:
a. Predictability and freedom of contract.
b. Predictability and fairness (protection).
c. Fairness (protection) and efficiency.
d. All of the above.
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Copyright © 2015 Carolina Academic Press. All rights reserved.

Areas of practice?

Three Rs of effective and professional practice in
all fields, including contract law:
› Respect: To whom should lawyers show respect?
› Responsibility: What does it mean to say lawyers
take responsibility?
› Reputation: Why do good lawyers carefully guard
their reputations?
Copyright © 2015 Carolina Academic Press. All rights reserved.
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The full set of PowerPoint slides is
available upon adoption.
Email crutan@cap-press.com
for more information.