This podcast by Professor Jennifer S. Martin examines when agreements are enforceable as contracts because they are supported by consideration. The podcast looks at common descriptions of consideration, including benefit-detriment and “bargained-for exchange.” It also considers traditional issues of consideration and common disputes involving unequal bargains, nominal or sham consideration, and past consideration. The podcast […]

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The Basics of Consideration and the Bargain Theory: Discussions in Contracts

The topic of this podcast by Professor Scott J. Burnham is a basic overview of when warranties are given for the sales of goods under Article 2 of the UCC. An additional podcast will discuss how warranties can be disclaimed or limited. The primary issue in warranty law is what is the level of quality […]

Warranties: Discussions in Contracts

The topic of this podcast by Professor Scott J. Burnham is the Parol Evidence Rule. In general, there is no probem with oral agreements. There are a few exceptions where the agreement has to be evidenced by a writing to satisfy the Statute of Frauds, but by and large oral agreements are perfectly valid. The Parol […]

Parol Evidence Rule: Discussions in Contracts

The topic of this podcast by Professor Scott J. Burnham is formation of the contract under U.C.C. § 2-207. This is the first in a series of three podcasts covering the Battle of the Forms. The second podcast covers Finding the Terms of the Contract. The third covers Written Confirmations. It is best to listen […]

U.C.C. § 2-207: Part 1 – Formation of the Contract: Discussions in Contracts

The topic of this podcast by Professor Scott J. Burnham is U.C.C. § 2-207 Finding the Terms of the Contract. This podcast is the second in a series of three podcasts about § 2-207 of the Uniform Commercial Code, a section often referred to as the Battle of the Forms. The first podcast covered Formation […]

U.C.C. § 2-207: Part 2 – Finding the Terms of the Contract: Discussions in Contracts

The topic of this podcast by Professor Scott J. Burnham is written confirmations under § 2-207 of the U.C.C., a section often referred to as the Battle of the Forms. This is the third in a series of podcasts about § 2-207 of the Uniform Commercial Code. The first podcast covered Formation of the Contract. […]

U.C.C. § 2-207: Part 3 – Written Confirmations: Discussions in Contracts

The topic of this podcast by Professor Scott J. Burnham is federal jurisdiction in contracts cases, specifically how the case got to federal court, and what law the federal court will look to in deciding the case. At the conclusion of this podcast you should be able to (1) determine how that a federal court […]

Federal Jurisdiction: Discussions in Contracts

The topic of this podcast by Professor Scott Burnham is Disclaimer of Warranty and Limitation of Remedies. Warranties provided by the default rules of Article 2 are covered in a different podcast. This podcast will provide a basic overview of how the seller may disclaim warranties or limit the remedies for their breach. Topics covered include […]

Disclaimer of Warranty and Limitation of Remedies: Discussions in Contracts

The topic of this podcast by Professor Jennifer Martin is the basic concepts related to the assent related defenses of fraud and misrepresentation.There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related […]

Discussions in Contracts: Fraud and Misrepresentation

This podcast by Professor Jennifer Martin discusses the basic concepts related to the assent related defense of mistake. There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related defenses.  This podcast will also […]

Discussions in Contracts: Misunderstanding and Mistake

There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid. The topic of this podcast by Professor Jennifer Martin is the basic concepts related to two of the assent related defenses, duress and undue influence. The defense of duress exists to protect against contracts that […]

Discussions in Contracts: Duress and Undue Influence

The topic of this podcast by Professor Jennifer Martin is impossibility, impracticability and frustration. Ordinarily we expect the parties to perform their contracts under the principle of pacta sunt servanda, meaning promises are to be kept. Contract law, though, does provide excuse for non-performance (meaning a party is not in breach) in the event of certain contingencies the […]

Discussions in Contracts: Impossibility, Impracticability and Frustration

The topic of this podcast by Professor Jennifer Martin is the identification of the elements of a claim for breach of contract and the primary sources of contract law. From a legal perspective, the word contract refers to a promise or set of promises for which the law gives a remedy. The primary sources of contract […]

Discussions in Contracts: Overview and Sources of Contract Law

The topic of this podcast by Professor Jennifer Martin is the basic concepts related to communications in the contracting process governed by the Mailbox Rule. More particularly, we will look at the rules governing the effect of an offeree’s response by mail or an offeror’s attempt to revoke an offer using the mail. At the […]

Discussions in Contracts: Mailbox Rule

The topic of this podcast by Professor Jennifer Martin is the basic concepts related to mutual assent to a contract. In particular, we will look at the requirements for contract formation, particularly the promises that indicate assent. We will also look at what is a sufficient manifestation of assent. At the conclusion of this podcast you […]

Discussions in Contracts: Mutual Assent

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