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 […]

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 […]

The Statute of Frauds is a defense to certain oral contracts. In this lesson, the student is guided to always ask three questions: 1) Is the agreement within the Statute of Frauds? 2) Is the agreement evidenced by a writing? 3) Is there an exception to the Statute? Experience with this framework should help in […]

Mistake is one of the hardest defenses to analyze. After breaking the subject down into a number of different categories of mistake, the lesson focuses on the elements of mutual mistake. The concept of mutual mistake is then explored through a particular case, Lenawee County Board of Health v. Messerly, and a particularly problematic area, […]

A court has the power to police contracts, to determine whether they contain “unconscionable” provisions. This lesson explores the criteria courts use in exercising that power, focusing on the case of Williams v. Walker-Thomas Furniture Co. via Unjust Terms (Unconscionability) | Center for Computer-Assisted Legal Instruction.

Duress is one of those concepts that is easy to define and hard to apply. The lesson explores which kinds of “threats” are likely to provide a defense to contract formation and which are not. via Duress and Undue Influence | Center for Computer-Assisted Legal Instruction.

This lesson explores the defense that a contract is illegal. In some cases, the legislature has ruled that certain kinds of contracts are illegal, while in other cases it is up to the court to make the determination. This lesson examines the criteria used to make that determination and the consequences to the parties if […]

As you work through the various defenses to contract formation, you will find that sometimes the defense makes the contract void, sometimes voidable, and sometimes unenforceable. This lesson provides an examination of that vocabulary to assist the user when running the lessons that follow. via Void, Voidable and Unenforceable Contracts | Center for Computer-Assisted Legal […]

A contract has been formed if there is offer, acceptance, and consideration. But the contract is not necessarily enforceable, for there may be a defense to its formation. These defenses may arise because of the subject matter of the contract, because of its form, or because of the behavior of a party or the status […]

This lesson assumes you are familiar with the requirement of consideration. It also assumes you are familiar with the rule that past consideration is not good consideration. As you may recall, “past consideration” is a misnomer. If a party makes a promise to pay for a benefit previously conferred, there is no consideration for the […]