|
Official Course
Description: MCCCD Approval: 6-23-09 |
|||
|
LAS204
2009 Fall - 9999 |
LEC |
3.0 Credit(s) |
3.0 Period(s) |
|
Contract
Law |
|||
|
Examination
of contracts and their regulation by the Uniform Commercial Code. Review and
drafting of basic agreements. Prerequisites
or Corequisites:
LAS109 and (BPC110 or permission of Department Chair or program Director). |
|||
Go to Competencies Go to Outline
|
MCCCD
Official Course Competencies: |
|
|
|
|
|
LAS204 2009
Fall - 9999 |
Contract Law |
1. Evaluate
and assess contracts by type, method of formation, explicitness, formality,
extent of completion, and enforceability. (I)
2. Determine
and apply the analytical steps used to determine whether a valid, enforceable
contract has been formed. (II)
3. Evaluate
the elements of various contracts and assess the legality of the subject matter
and capacity of parties. (II)
4. Analyze
the effectiveness of different attempts to terminate an offer by revocation,
rejection, or operation of law. (II, III)
5. Analyze
the requirements for making an offer and accepting an offer to form a binding
contract. (II, III)
6. Compare
and contrast a contract formed under general common law with a contract formed
under the Uniform Commercial Code. (III, VII)
7. Determine
the intent and assess the voluntariness of parties to a contract. (III, IV)
8. Evaluate
performance of contractual duties to determine whether a breach of contract has
occurred, the type of breach, if any, and available remedies. (IV-XI)
9. Apply
the rules for construing the terms of a contract. (V)
10. Determine
the applicability of the Uniform Commercial Code including provisions detailing
contracts among merchants. (VI, VII)
11. Evaluate
the significance and applicability of perfecting a security interest. (VIII)
12. Describe
the contract rights of third parties, including creditor-beneficiaries, donee-beneficiaries, and assignees. (IX)
13. Prepare and
review contracts incorporating the essential clauses necessary to execute the
contract. (XII)
Go to Description Go to top of
Competencies
|
MCCCD
Official Course Outline: |
|
|
|
|
|
LAS204 2009
Fall - 9999 |
Contract Law |
I. Formation
A. Classification
of contracts
1. Bilateral
or unilateral
2. Express
or implied
3. Formal
or informal
4. Executory or executed
5. Valid,
void, or voidable
B. Elements
of a contract
1. Offer
2. Contractual
intent
3. Communication
to offeree
4. Certainty
of material terms
5. Termination
of the offer
a. Revocation
b. Rejection
c. Operation
of law
C. Acceptance
1. Varying
the terms of the offer
2. Method
of acceptance
3. Mirror
Image Rule
D. Consideration
1. Types
a. Legal
benefit
b.
Legal
detriment
2. Methods
of creation
3. Absence
of consideration
a. Past
consideration
b. Moral
obligation
c. Gratuitous
promises
d. Illusory
contracts
e. Pre-existing
duty
4. Special
situations
a. Promissory
estoppel
b. Accord
and satisfaction
c. Charitable
subscriptions
d. Debtor's
promises
e. Guarantees
f. Formal
contracts and negotiable instruments
II. Legality
of Subject Matter
A. Contractual
capacity
1. Age
2. Mental
competence
3. Alcohol
and drug impairment
B. Illegality
1. Violate
public policy
2. Violate
statute
III. Intent and Voluntariness
A. Fraud
B. Misrepresentation
C.
Duress
D. Mistake
1. Mutual
2. Unilateral
IV. Statute of
Frauds
A. The
Statute of Frauds – writing requirements
1. Contracts
for an interest in real estate
2. Contracts
in consideration of marriage
3. Contracts
not to be performed within one year
4. Guarantees
5. Contracts
for the sale of goods
6. Executor's
promise to pay decedent's debts
B. Partial
Performance
C. Conditions
1. Types
of conditions
a. Precedent
b. Subsequent
c. Concurrent
2. Creation
of conditions
a. Express
b. Implied-in-fact
c. Implied-in-law
V. Rules
of Construction
A.
B. The Parol Evidence Rule
C. Business
Custom and Trade Usage
VI. The Uniform
Commercial Code (UCC)
A. Article
I: General Provisions
1. Applicability
of UCC and common law
2. Variance
of UCC provisions by agreement
3. Statutory
intent and construction
4. Implied
obligations
5. Good
faith
6. Commercial
reasonableness
VII. Article 2 Sales
A. Custom
and usage
B. Applicability
of UCC
C. Sales
and leases
D. Goods
E. Mixed
transactions
1. Contractual
provisions
F. Warranties
G. Risk
of loss
H. Remedies
1. Seller's
2. Buyer's
VIII. Article
IX: Secured Transactions
A. Attachment
of security interest
B. Perfection
of security interest
C. Priorities
among secured parties
IX. Third Party
Contract Rights
A. Third
party beneficiaries
1. Creditor-beneficiaries
2. Donee-beneficiaries
B. Assignment
of contracts
1. Assignment
of benefits
2. Delegation
of duties
X. Discharge
of Obligations
A. Excuse
of conditions
B. Performance
of obligations
C. Breach
of contract
1. Material
2. Anticipatory
3. Statute
of limitations
D. Mutual
agreement
E. Impossibility
F. Supervening
illegality
G. Death
of the parties
H. Destruction
of subject matter
I. Commercial
impracticability and frustration of purpose
XI. Remedies
A. Legal
remedies
1. Compensatory
damages
2. Punitive
damages
3. Consequential
damages
4. Liquidated
damages
5. Nominal
damages
B. Equitable
remedies
1. Injunction
2. Specific
performance
3. Rescission
and restitution
4. Reformation
5. Quasi
contract: Quantum meruit
XII. Checklist of Clauses in
Drafting Contracts
A. Essential
terms
B. Special
provisions
1. Waivers
2. Covenants
not to compete
3. Severability
4. Time
is of the essence
5. Remedies
6. Jurisdiction
7. Arbitration