This is the page for Caroline Bradley’s Contracts Class at the University of Miami School of Law. We will be using the following books: Macaulay, Braucher, Kidwell & Whitford, Contracts: Law in Action, Vol. 1 (3rd. Ed. 2010) and Byrne (ed.) Restatement 2nd Contracts, UCC Article 2, CISG (4th ed. 2008).
Please see the Contracts Archive Spring 2013 page for archives of material which appeared on this page.
April 26. I will be out of town between this afternoon and the evening of May 2. After I return I will be happy to meet with you to discuss your questions. I am also happy to answer questions by email (preferably after May 2). On May 7 and 8 I will be available to meet with you in my office, staring at 10.30 am on Tuesday and 9 am on Wednesday. Please contact me by email to schedule an appointment time.
Enforcing contracts versus rewriting contracts (the Fall 2011 exam has an example of a question on this theme)
Efficiency versus fairness (the Spring 2011 exam has an example of a question on this theme)
The importance of context (the Spring 2011 exam has an example of a question on this theme – here focusing on the domestic context but questions could ask about other contexts we have considered or be more general)
Interactions between contract law and legislative regimes (e.g. courts vs legislatures, courts reconciling contract doctrine and legislation)
Contracts versus relationships (one time deals and ongoing relationships, implications of the relationship for dispute settlement, formal versus informal dispute settlement)
2-201, 2-204, 2-206
2-313, 2-314, 2-315, 2-316, 2-317, 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.