The goal of this lesson is to take the user systematically through UCC Article 2. The lesson accomplishes this goal by having the user study a contract for the sale of goods. The concepts of Article 2 are thereby seen in the practical setting in which they are applied. Conversely, study of the contract reveals […]
Author Archives: Elmer Masters
This lesson explores discharge of a debt by accord and satisfaction. It can be run either as an introduction to the study of accord and satisfaction or as a review after you have completed your study. via Accord and Satisfaction | Center for Computer-Assisted Legal Instruction.
This lesson presents an introduction to the doctrine that the performance of a pre-existing duty, or a promise to perform such a duty, does not constitute a sufficient consideration to make a promise binding. Through questions based on a series of hypothetical cases, underlying reasons for the doctrine are considered, as well as its ramifications […]
This lesson explores discharge of a contract by modification, both at common law and under the UCC. It can be run either as an introduction to the study of modification or as a review after you have completed your study. via Modification | Center for Computer-Assisted Legal Instruction.
A contract can contain many different types of express and implied terms. Express and implied warranty terms are the subject of this lesson. When parties contract for the sale of goods, they have certain expectations about the goods to be sold. These expectations form the basis of warranties. That is, what has the seller agreed […]
This lesson considers probably the most common type of implied term, that of good faith. Courts often supply a term requiring the parties to exercise “good faith” or “good faith and fair dealing”. The UCC provides that every contract is subject to good faith requirements, which cannot be disclaimed by agreement. via Good Faith | […]
The terms of a contract include express and implied promises, conditions, provisos and presuppositions that bind the parties. Contracts often have “gaps” in them, either intentionally or unintentionally left that way by the parties. This exercise considers how courts supply terms to fill those gaps both at common law and under the UCC. via Implied […]
Interpretation involves an ascertainment of the meaning of a contract. Whereas “construction” of a contract relates to the legal effect of the words used by the parties, “interpretation” addresses the meaning of the parties. Whose meaning is to be given effect with respect to certain contract terms? What evidence may be taken into account when […]
This topic is also covered in Prof. Burnham’s CALI lesson The Parol Evidence Rule [audio:http://www.cali.org/lessons/podcasts/Burnham_Scott.mp3] via The Parol Evidence Rule PodCast | Center for Computer-Assisted Legal Instruction.
A hundred years ago, a law professor said of the parol evidence rule, “There are few things darker than this or fuller of subtle difficulties.” Many law students who have studied the rule would agree with that assessment. Hopefully this exercise will illuminate the rule. It does so by examining the functions served by the […]