Assignments
Unless otherwise stated, all assignments are from the (1) Fuller casebook (noted as CB) or (2) the Byrne collection of materials (noted as Supp):
- Fuller, Basic Contract Law, 8th ed., 2006, West, ISBN:9780314159014
- Byrne, Restatement 2d Contracts and US UCC Article 2, 4th edition, 2008, Institute of Int’l Banking Law & Practice, ISBN:9781888870466
| Class | Assignment |
|---|---|
| 8/23 | Our first topic is an examination of the question of what promises the law will enforce and, more specifically, examines the doctrine called "consideration." Chapter 1 contains cases and other materials which look at donative promises (promises to make a gift), the impact, if any, of the form of the promise on its enforceability, and the role that reliance on the promise by the person to whom the promise was made has a role to play in determining the enforceability of the promise. Your first assignment is to read CB pages 1 - 13 (Introduction and Chapter 1, Section 1: Donative Promises, Form, and Reliance). In Supp, read Restatement, Second, Contracts provisions listed on CB page 7. I suggest that you read my Blog entitled Consideration, Foreseeable Reliance and the Enforceability of Promises. |
| 8/26 | CB pages 13 - 23 (Chapter 1, Section 2, The Element of Form) |
| 8/30 | CB pages 23 - 35 (Chapter 1, Section 3, The Element of Reliance (the remainder of Section 3 is assigned for our class on September 2) |
| 9/2 | CB pages 35 - 46 (Chapter 1, Section 3, The Element of Reliance |
| 9/9 | CB pages 47-63, Chapter 2, Section 1 The Bargain Principle (see sidebar for the Unidroit and the European Principles) |
| 9/13 | CB pages 63-75, Chapter 2, Section 2, Unconscionability (see sidebar for the Unidroit and the European Principles) |
| 9/16 | CB pages 76-86, completing Chapter 2, Section 2 (see sidebar for links to referenced material not in the Byrne supplement) |
| 9/20 | CB pages 86-101, Chapter 2, Section 3, The Problem of Mutuality |
| 9/23 | CB pages 101-114, completing discussion of Chapter 2, Section 3 and begin Section 4, Performance of a Legal Duty as Consideration |
| 9/27 | CB pages 114-127, continuing discussion of Chapter 2, Section 4 |
| 9/30 | CB pages 127-144, continuing discussion of Chapter 2, Section 4 |
| 10/4 | CB pages 144-150 completing discussion of Chapter 2, Section 4 and review of Chapters 1 and 2 |
| 10/7 | CB pages 151-162, Chapter 3, Past Consideration |
| 10/12* | CB pages 163-164 (top) and pages 173-185 (bottom), Chapter 4, The Limits of Contract |
| 10/14 | CB pages 190-207, Chapter 5, An Introduction to Contract Damages |
| 10/18 | CB pages 207-216, Chapter 5 completed |
| 10/21 | CB pages 217-231 (bottom), Chapter 6, The Expectation Measure, §1 Damages for Breach of Contract to Perform Services |
| 10/25 | CB pages 231-241 (bottom), Chapter 6, §1 continued and pages 241-247 (bottom), Chapter 6, §2(a) Damages for Breach of a Contract for the Sale of Goods |
| 10/28 | CB pages 248-260 (please ignore the subtitle and reference to Breach of Buyer on page 253 - that section begins on page 260 and belongs with the next assignment) |
| 11/1 | CB pages 260-279, Chapter 6, §2(b) Breach by the Buyer and §3 Mitigation: Contracts for Employment |
| *11/4 | CB pages 279-292, Chapter 6, §4 Foreseeability |
| *11/8 | CB pages 292-308, Chapter 6, §5 Certainty and §6 Damages for Mental Distress |
| *11/11 | CB pages 308-327, Chapter 6, §7 Liquidated Damages and Chapter 7, Specific Performance |
| *11/15 | CB pages 327-348 (top), Chapter 7, Specific Performance and Chapter 8, Reliance and Restitution, §1 Reliance Damages in a Bargain Context |
| *11/18 | CB pages 348-365, Chapter 8, Reliance and Restitution, §2, The Restitution Measure |
| 11/22 | CB pages 368-384, Chapter 9, An Introduction to Interpretation |
| 11/29 | CB pages 397-412, Chapter 9, An Introduction to Interpretation |
| 12/2 | Review |