MODULE 3 OUTLINE
.docx
keyboard_arrow_up
School
Purdue Global University *
*We aren’t endorsed by this school
Course
610
Subject
Law
Date
Apr 3, 2024
Type
docx
Pages
2
Uploaded by CoachPonyMaster972
Module 3 Instructions
This is a topical outline of the Contracts course. In each module of the course, you will receive an outline listing the topics for that module, together with the cases related to those concepts. In
addition, the outline will include questions and prompts for content that needs to be added to the
outline. This content includes definitions, explanations, specific material from your case briefs, and even a few IRAC-style Rule statements - all keyed to the coverage for that module. The questions and prompts represent the minimum content that you need to add to the outline for it to be a useful learning and review tool. Adding additional content beyond this minimum is strongly encouraged. Once you have added the content needed according to the questions and prompts, please save
your file. Next, complete the Spot Check Questions, so that you can compare them to expert answers to ensure that your work on the outline is on the right level of detail.
In addition to completing each module's outline for a study and review tool, and to help you learn the material in the process of completing the outline, there is another benefit that the outline provides: before reading a case (before adding any content to the outline), review the outline to determine the context for the case, so that you know why the case has been has been
assigned, so you can read the case with that focus in mind, thereby making your job of getting the key concepts from the case that much easier.
The structure of each module is designed to present content that follows immediately after the coverage of the outline for the previous module. All of the outlines together form a topical outline
for the entire course. It is strongly recommended that you add each module's material into a single, comprehensive topical outline for the course.
MODULE 3
ii. Agreements to Agree
●
Joseph Martin, Jr., Delicatessen v. Schumacher
o
Issue
o
Rule & Application
o
What is the general rule for agreements to agree?
●
Copeland v. Baskin Robbins
o
Issue
o
Rule & Application
o
When can an agreement to agree be enforced?
iii. Subject Matter - goods or services?
●
BMC Industries, Inc. v. Barth Industries, Inc.
o
Issue
o
Rule & Application
o
With hybrid goods-services contracts, how do you determine which law controls?
o
With hybrid goods-land contracts, how do you determine which law controls?
iv. Gap-filling Terms
1.12.17 Revised
●
Southwest Engineering Co. v. Martin Tractor Company, Inc.
o
Issue
o
Rule & Application
o
What terms can be gap-filled? o
When are terms gap-filled?
v. Performance by the Parties
●
Oglebay Norton Co. v. Armco, Inc.
o
Issue
o
Rule & Application
o
What is the role of performance in interpreting contract terms?
vi. Good Faith
What does "good faith" mean?
●
Wood v. Lucy, Lady Duff-Gordon
o
Issue
o
Rule & Application
o
When will a duty of good faith and reasonable effort be imposed?
o
How does good faith and reasonable efforts prevent a promise from being illusory?
What is the general rule for Agreements to Agree
? They are not enforceable, and are sufficiently definite to function as contract terms. The only exception is where there is a formular, mechanism, or other method provided that allows the term in question to be onjectively determined. With Hybrid Goods-Land contracts, how do you determine which law controls? UCC 2-
107 provides specific guidance on making this determination. With minerals in the ground (including water) and structures to be removed, if the seller severs it from the land it is a good (and the UCC will control); however, if the buyer severs it from the land it is realty (and the common law will control) For standing timber and crops in the field, they are considered foods and the UCC will always control, regardless of who is doing the severing. What is the role in performance in interpreting contract terms
? It is the controlling. Irrespective of the specific language of the contract, the course of performance under a contract
which has not been objected to by the other party will be understood as the parties specific understanding of the meaning of the terms in question. 1.12.17 Revised
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help