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This is the page for Caroline Bradley’s Contracts Class at the University of Miami School of Law. For the Fall Semester 2014 we will be using the following books: Farnsworth, Sanger, Cohen, Brooks and Garvin, Cases and Materials on Contracts (8th Ed. 2013) and Farnsworth, Sanger, Cohen, Brooks and Garvin, Selections for Contracts: Uniform Commercial Code, Restatement Second (2013).

WEEK 11: October 27-31 On Monday we will begin by finishing Corinthian v Lederle, look at the material on pages 176-7 and then look at revocable and irrevocable offers. Please read to page 193.

Here is an Offer and Acceptance Hypo.

For Tuesday please read to page 234 (this is the reading I am assigning for the rest of the week although I think it is a good idea to read it all at once). We won’t spend much time in class on pp 193-8 but move on to UCC § 2-207. If you are a visual learner you may want to draw up a flowchart to describe how the section works. It is complicated and contains some ambiguities which the courts try to resolve in the cases we will read.

Some of the issues about conflicting provisions in business standard forms relate to arbitration. and arbitration can be a trade practice. For example, the National Grain and Feed Association, a trade association, says:

Formally established in 1901, the NGFA’s Arbitration System has operated in some form since the formation of the Association on November 9, 1896. It is believed to be North America’s oldest industry-based arbitration system.
The Arbitration System provides a fair, cost-effective and timely way to resolve disputes involving grain, feed, barge and barge freight transactions. Its use is compulsory for resolution of disputes between Active members under the NGFA’s Bylaws. The Arbitration System is also available for resolving disputes with and between Associate/Trading members if the Arbitration Rules are referenced in the underlying contractual agreement or the parties otherwise consent The Arbitration System is kept current through the amendment process at the NGFA’s annual business meeting.

Other organizations, including, for example, JAMS and the American Arbitration Association, provide alternative dispute resolution services, including facilitating arbitration.

Here are some Widgets Problems (UCC 2-207) – we won’t get to these until next week.

Here is a Memo on the Fall Break Essay Assignment

So far we have focused on:
Restatement §§ 1, 4, 24, 71, 74, 79, 86, 205, 344, 347, 356.
UCC §§ 2-105, 2-306, 2-313, 2-314, 2-711, 2-712, 2-713, 2-714 and 2-716.


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