Copyright © 2015 Carolina Academic Press. All rights reserved. 1 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. 2 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. 3 Copyright © 2015 Carolina Academic Press. All rights reserved. 4 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. 5 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. 6 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. 7 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. 8 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. 9 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. 10 The full set of PowerPoint slides is available upon adoption. Email crutan@cap-press.com for more information.