Best way to attack contracts miterm

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corporatelaw87
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Best way to attack contracts miterm

Postby corporatelaw87 » Sat Oct 09, 2010 12:03 pm

So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.

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Grizz
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Re: Best way to attack contracts miterm

Postby Grizz » Sat Oct 09, 2010 12:05 pm

corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


So the only things you have done are offer and acceptance? That's it?

Look for consideration first. Not all Ks really have an "offer" per se. But then again, it's all really about what your teacher wants, so I don't know how helpful this really is.

corporatelaw87
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Re: Best way to attack contracts miterm

Postby corporatelaw87 » Sat Oct 09, 2010 12:11 pm

rad law wrote:
corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


So the only things you have done are offer and acceptance? That's it?

Look for consideration first. Not all Ks really have an "offer" per se. But then again, it's all really about what your teacher wants, so I don't know how helpful this really is.


Well we've done like promissory estoppel, moral obligation, illusory promises etc. but as far as the main components of a contract only offer and consideration.

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uwb09
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Re: Best way to attack contracts miterm

Postby uwb09 » Sat Oct 09, 2010 12:13 pm

I just had one last week, I'd say first figure out if it's UCC/Restatement, and make it clear which rabbit hole you are going down in your analysis

Then i'd look for consideration first, you can have a contract without a formal offer and acceptance, if in the end everyone agrees to some terms and gives consideration

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Grizz
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Re: Best way to attack contracts miterm

Postby Grizz » Sat Oct 09, 2010 12:15 pm

corporatelaw87 wrote:
rad law wrote:
corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


So the only things you have done are offer and acceptance? That's it?

Look for consideration first. Not all Ks really have an "offer" per se. But then again, it's all really about what your teacher wants, so I don't know how helpful this really is.


Well we've done like promissory estoppel, moral obligation, illusory promises etc. but as far as the main components of a contract only offer and consideration.


Huh that's weird. Sorry dude, can't help ya.

corporatelaw87
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Re: Best way to attack contracts miterm

Postby corporatelaw87 » Sat Oct 09, 2010 12:30 pm

If there's no formal offer and acceptance, would the agreement just be like an implied promise or something along those lines?

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Grizz
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Re: Best way to attack contracts miterm

Postby Grizz » Sat Oct 09, 2010 12:33 pm

corporatelaw87 wrote:If there's no formal offer and acceptance, would the agreement just be like an implied promise or something along those lines?


No. I can't think of a good example right now, but technically what you really need is consideration and mutual assent. Offer and acceptance often indicate mutual assent, but they are not necessary.

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onthecusp
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Re: Best way to attack contracts miterm

Postby onthecusp » Sat Oct 09, 2010 8:00 pm

corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


Contracts is pretty straight forward.

1. What is the subject matter? (Does the UCC or Statute of Frauds Apply?)
2. What are the promises? (Bilateral or Unilateral Contract)
3. Where is the offer (clear and definite terms)
4. Where is the acceptance (Option contract issues, time of withdrawal, last shot rule, modes of acceptance etc.)
5. Is there sufficient consideration?
6. Is there a contract (Manifestation of assent supported by bargained for consideration...etc)

From these 6 questions you'll find the issues you need to address in the exam.

Best advice, (or the way I'm planning on attacking it) is by developing a check system to hit as many issues I can.....score points.

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onthecusp
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Re: Best way to attack contracts miterm

Postby onthecusp » Sat Oct 09, 2010 8:02 pm

rad law wrote:
corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


So the only things you have done are offer and acceptance? That's it?

Look for consideration first. Not all Ks really have an "offer" per se. But then again, it's all really about what your teacher wants, so I don't know how helpful this really is.


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onthecusp
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Re: Best way to attack contracts miterm

Postby onthecusp » Sat Oct 09, 2010 8:03 pm

corporatelaw87 wrote:
rad law wrote:
corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


So the only things you have done are offer and acceptance? That's it?

Look for consideration first. Not all Ks really have an "offer" per se. But then again, it's all really about what your teacher wants, so I don't know how helpful this really is.


Well we've done like promissory estoppel, moral obligation, illusory promises etc. but as far as the main components of a contract only offer and consideration.


Don't forget acceptance....modes of acceptance, power of acceptance, etc.

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onthecusp
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Re: Best way to attack contracts miterm

Postby onthecusp » Sat Oct 09, 2010 8:07 pm

corporatelaw87 wrote:If there's no formal offer and acceptance, would the agreement just be like an implied promise or something along those lines?


If both parties act as if theres a contract, then the contract would be implied.

Restatement 19 (This should help the most)
Restatement 24
Restatement 33
2-207(c) where the UCC applies
Stepp v. Freeman

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Grizz
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Re: Best way to attack contracts miterm

Postby Grizz » Sun Oct 10, 2010 2:07 am

onthecusp wrote:
rad law wrote:
corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


So the only things you have done are offer and acceptance? That's it?

Look for consideration first. Not all Ks really have an "offer" per se. But then again, it's all really about what your teacher wants, so I don't know how helpful this really is.


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rdcws000
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Re: Best way to attack contracts miterm

Postby rdcws000 » Sun Oct 10, 2010 6:02 pm

corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


Some people have given you better information on the details than I can as a 1L, but I took a midterm last week and if you are looking for a high level approach to each answer, the below worked for me.

1. Did a contract form
1a. Is there a defense to the contract?
2. Was the contract breached?
2a. Is there a defense to the breach?
3. What is the appropriate remedy?

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mikeytwoshoes
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Re: Best way to attack contracts miterm

Postby mikeytwoshoes » Sun Oct 10, 2010 6:05 pm

corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.

Apply law you've covered, but only law you've covered, to facts given by the test.

aheisman
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Re: Best way to attack contracts miterm

Postby aheisman » Sun Oct 10, 2010 11:53 pm

On the final my professor tested heavily on the RST and UCC, so I pretty much just studied the RST and UCC while learning one-line holdings of cases.

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20160810
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Re: Best way to attack contracts miterm

Postby 20160810 » Mon Oct 11, 2010 1:43 am

I've begun applying Restatement 2d §16 to my personal relationships and found that it's made my life an awful lot easier. Don't know that that's midterm advice, more just general Ks-related life advice. But enjoy.

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mapnoren
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Re: Best way to attack contracts miterm

Postby mapnoren » Mon Oct 11, 2010 1:55 am

Eat, Sleep, Breath, U.C.C.

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onthecusp
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Re: Best way to attack contracts miterm

Postby onthecusp » Mon Oct 11, 2010 4:05 am

rad law wrote:
onthecusp wrote:
rad law wrote:
corporatelaw87 wrote:So I have a contracts midterm this coming week. What do you think is the best way to attack the actual exam? Look for an offer first, then look for consideration etc. (note: we did offer and consideration but haven't gotten to acceptance yet). I need a good attack outline.


So the only things you have done are offer and acceptance? That's it?

Look for consideration first. Not all Ks really have an "offer" per se. But then again, it's all really about what your teacher wants, so I don't know how helpful this really is.


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I know where your going with that, but all k's have offers.

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Kiersten1985
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Re: Best way to attack contracts miterm

Postby Kiersten1985 » Tue Nov 16, 2010 4:35 pm

SBL wrote:I've begun applying Restatement 2d §16 to my personal relationships and found that it's made my life an awful lot easier. Don't know that that's midterm advice, more just general Ks-related life advice. But enjoy.


Nicely done lol




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