PRINCIPLES OF AMERICAN CONTRACT LAWAssociate Dean Francis J.. Common law of contract: cases, Restatements, treatises.. The Uniform Commercial Code: a common-law statute.. Overview of con
Trang 1Como Summer School Program
July 18-22, 2011
Trang 2PRINCIPLES OF AMERICAN CONTRACT LAW
Associate Dean Francis J Mootz III William S Boyd School of Law University of Nevada, Las Vegas
Como Summer School Program
July 18-22, 2011
Monday, July 18, 10:00 – 11:30 (Read pages 1 – 16):
1 Introduction to the U.S legal system
A Federalism; Branches of government
B Common law system
C Statutes, not codes
2 Sources of contract law
A Common law of contract: cases, Restatements, treatises
B Statutes and regulations
C The Uniform Commercial Code: a common-law statute
3 Overview of contract: the jurisprudence of consensual liability
4 Formation of the Contract
A The Objective Theory of Mutual Assent: Ray v William G Eurice & Bros., Inc.
B The Doctrine of Consideration: Batsakis v Demotsis
C “Agreement” under the Uniform Commercial Code: Selected Provisions of UCC;
Kleinschmidt Division of SCM Corp v Futuronics, Corp.
Tuesday, July 19, 12:00 – 13:30 & 15:00 – 16:30 {Double Class} (Read pages 17 – 40):
1 Alternative Theories of Liability
A Promissory estoppel: Pop’s Cones, Inc v Resorts International Hotel, Inc.
B Restitution (“Unjust enrichment”)
2 Interpreting the Contract: Frigaliment Importing Co v B.N.S.
3 The obligation of good faith and fair dealing
A Common law: K.M.C Co v Irving Trust Co.
B Uniform Commercial Code: Neumiller Farms, Inc v Cornett
Wednesday, July 20 – Contracts does not meet
Thursday, July 21, 10:00 – 11:30 (Read pages 41 – 56)
1 Overview of contract defenses
2 The defense of undue influence: Syester v Banta
3 The defense of public policy: Schlobohm v SPA Petite, Inc.
Friday, July 22, 12:00 – 13:30 (Read pages 57 – 64)
1 Overview of contract damages
2 Expectation measure (“benefit of the bargain”)
3 Reliance measure (“out of pocket”): Wartzman v Hightower Productions, Ltd.
4 Restitutionary measure (“return of value conferred”)
5 Specific Performance (“order to comply with contract”)
6 FINAL EXAM (in class)