This is the page for Caroline Bradley’s Contracts Class at the University of Miami School of Law. For the Fall Semester 2015 we will be using the following books: Macaulay, Braucher, Kidwell & Whitford, Contracts: Law in Action: Volume I: The Introductory Course (3rd. Ed. 2010) (Matthew Bender) and Burton & Eisenberg, Contract Law, Selected Source Materials Annotated (Selected Statutes) (July 19, 2015) (West Academic).
REVIEW SESSION: December 4 at 10.00 am in F109. I plan to discuss the Spring 2013 exam.
Here is an Appointments Calendar: Dec 3 & 4 which shows times I will be in my office to discuss your questions. I don’t think appointments shorter than 45 minutes work too well, but this schedule gives 22 time slots. Thus it makes sense for you to arrange to see me in groups of about 4 people. I am also available before December 3rd and will answer questions by email (not probably during the day on the 3rd and 4th!) including over the weekend but not after about 6pm on December 6th. Please email me if you would like to make an appointment to see me.
Week 15: November 23 and 24: On Monday we will finish considering the DK Arena case and then move on to consider these 2 cases:
Extendicare Homes v Whisman, Supreme Court of Kentucky (September 2015, corrected October 2015)
Tallman v District Court (CPS Security), Supreme Court of Nevada (September 2015).
On Tuesday we will complete discussion of these cases and spend some more time thinking about the themes we have been discussing and I will say a few words about the exam instructions for the final.
Here are the other final exams I have written based on the Casebook we have used:
Here is a sample exam I provided the first time I taught the class.
I said I would give you an example of a good answer to the essay type questions. Here are two (note that the materials we used in this semester were different, so the essays cite cases we haven’t read, but I think it is useful for you to see the sort of answer that would get a good grade on the final):
1. Assess the role of good faith in contract law based on the materials you read for this class this semester (the duty of good faith essay at 8 pages long this is a bit shorter than I suggested when I mentioned the answer in class, but clearly a long answer to write in the time available.
2. We have seen that contract law sometimes seems to focus on promoting certainty through an emphasis on formalities, whereas at other times contract law seems to focus on fairness. Discuss whether the cases you have read this semester balance these interests appropriately (certainty essay)
What is going on in these answers is that the writers are addressing the question prompt, making an argument in response, and doing so bringing in cases to illustrate their argument. Sometimes students will react to questions like the ones posed here by saying something like: the duty of good faith is important in contract law. Here is a case where the duty of good faith was involved. Here are the facts, the court decided there had been a breach of the duty. Here is another case. Here are the facts. The court decided there had not been a breach of the duty…. So the duty of good faith is important. Notice how the two examples of good essays are different from this sort of outline.
Good answers don’t have to look exactly like these examples, however. I think a good answer to a question on the duty of good faith could be written focusing on the Market Street Associates case alone. And although we mentioned good faith a few times over the semester this is the case we have really read that focused on good faith (in the Fall of 2013 we had read a few cases in the casebook and an additional supplementary case looking at good faith).
What I am looking for is evidence that you have been thinking about the materials we have read.
Here is the list of statutes you should be familiar with:
2-313, 2-314, 2-315, 2-508, 2-601, 2-602, 2-606, 2-608, 2-703, 2-704, 2-706, 2-708, 2-709, 2-710, 2-711, 2-712, 2-713, 2-714, 2-715, 2-716, 2-718, 2-719
In reviewing for the exam you may find it useful to read the following sections of the Restatement:
22, 45, 71, 72, 73, 77, 81, 87, 90, 344, 346, 347, 348, 349, 350, 351, 352, 370, 371.