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Upon completion of this course, students will be able to:
1. Draft simple contracts and other agreements.
2. Perform accurate analysis of existing contracts.
3. Recommend appropriate changes in contractual language and terms and implementing those changes accurately.
4. Apply appropriate ethical standards in contract administration.
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I. Overview of contracts
A. Sources of contract law
B. Six requirements of valid contracts
C. Classification of contracts
II. Offer
A. Three requirements of an offer
B. Four required terms
C. Uniform Commerce Code (UCC) Exception: Sale of goods between merchants
III. Acceptance
A. Requirements
B. Methods of acceptance - bilateral and unilateral
C. Termination of offers
IV. Consideration
A. What is consideration
B. What is not consideration
C. Sufficiency of consideration
D. Promissory estoppel
E. Special agreements
V. Legality of subject matter and contractual capacity
A. Legality of subject matter
B. Contractual capacity
VI. Contractual intent
A. No contract if induced by fraud
B. No contract if induced by duress
C. Mistake
VII. Contractual provisions and drafting a contract
A. Statute of frauds--requirement of writing for enforceability
B. Contractual clauses
C. Court doctrines
D. Guidelines for Drafting a contract
VIII. The Uniform Commercial Code(UCC)
A. Obligations
B. Sales
IX. Third party contracts
A. Third party beneficiary contracts
B. Assignment
C. Delegation
X. Discharge of obligations
A. Excuse of conditions
B. Performance
C. Breach
D. Agreement
E. Impossibility of performance
F. Supervening illegality
G. Death or destruction
H. Frustration of purpose - coronation cases
XI. Remedies
A. Legal remedies
B. Equitable remedies
C. Contract clauses
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1. Read textbook and outside sources of approximately 40 pages per week.
2. Written homework assignments based on lecture and readings, one assignment every two weeks.
3. Analysis of contracts fact patterns, approximately one per week.
4. Participation in weekly discussions and group presentations.
5. Terminology assignments.
6. 1-4 exams and final.
Writing: Assessment tools that demonstrate writing skill and/or require students to select, organize and explain ideas in writing. | Writing 10 - 30% |
Written homework assignments. | |
Problem solving: Assessment tools, other than exams, that demonstrate competence in computational or non-computational problem solving skills. | Problem Solving 10 - 30% |
Analysis of contracts | |
Skill Demonstrations: All skill-based and physical demonstrations used for assessment purposes including skill performance exams. | Skill Demonstrations 10 - 30% |
Group work and presentations | |
Exams: All forms of formal testing, other than skill performance exams. | Exams 40 - 50% |
Exams and final: Multiple choice, true/false, matching items | |
Other: Includes any assessment tools that do not logically fit into the above categories. | Other Category 5 - 10% |
Attendance and participation | |
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Basic Contract Law for Paralegals by Jeffrey Helewitz, 6th, ed. Aspen Publishers, 2010