CONTRACTS – SECTION B COURSE SYLLABUS – REVISED (AS OF 09/02/03) FALL 2003
PROFESSOR POPOVICH
Welcome. This syllabus is arranged chronologically (in order of coverage) and by general subject topics coordinated to your casebook (each topic not necessarily representing a particular class reading assignment). If specific cases, problems or other material are noted, you may limit your reading to those items. If a chapter, subchapter or range of pages is assigned, please read all of the material (cases, notes, problems, etc.) within such pages unless specific omissions are noted. Also note that this syllabus contains detailed assignment information for only the beginning portion or our course. Updated syllabi will be provided as we progress through the class (revisions to reflect our class pace, scope of coverage, etc.). Although the amount of material we cover in each class varies, keeping about fifteen (15) pages ahead (for our onehour class) should be sufficient. At the end of each class, I will try to be more specific as to the material to be covered during the next class or two. Chapter 1 – The Agreement Process 1. Intent to Contract: Omit Sanchez v. Life Care Centers of America, Inc. (page 6); Omit MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D’Agostino (page 17); Omit Problems 3, 5 & 10 (pages 18-19). 2. The Offer: a. Offers Distinguished from Expressions of Opinion, Advertisements, Etc.: Omit Collins v Reynard (page 19); Read Sullivan v. O’Connor (page 21); Read Craft v. Elder & Johnston Co. (page 28); Read Lefkowitz v. Great Minneapolis Surplus Store, Inc., 86 N.W.2d 689 (not in casebook – click on link in TWEN version of syllabus); Do Problems 14 & 15 (page 30). b. Bids and Auction Sales: Do Problem 22 (page 33), omitting all other material. c. Offers Distinguished from Preliminary Negotiations and Price Quotations: Omit United States v. Briggs Manufacturing Co. (page 34); 3. Intent to Memorialize and Indefiniteness Before reading Texaco, read Restatement (second) of Contracts §27 including “comments” a-c (REST 2d CONTR § 27) (not in casebook – click on link in TWEN version of syllabus); order to read cases and other material starting after Southwest Engineering Co.: Joseph Martin Jr., Delicatessen Inc. v. Schumacher (pg 82), Restatement (second) of Contracts § 33 including comments a, c, e & f as well as “illustration” 8 (REST 2d CONTR §33) (click on link in TWEN syllabus), Oglebay Norton Co. v. Armco, Inc. (pg 75), Eckles v. Sharman (pg 85) through end of section but omitting problems 35, 36, 39 & 40 (pages 90-91). 4. The Acceptance a. Preliminary Problems with respect to Acceptance: Omit problems 47, 49, 51 & 52 (pages 99100). b. Acceptance by Silence and Conduct: Omit problems 58, 59, 62, 64 & 66 (pages 116-18).
5. When may an Offer Looking to a Unilateral Contraction No Longer Be Revoked? 6. Acceptance of Indifferent Offers and Acceptance by Promise 7. Mistake in Transmission 8. Termination of a Revocable Offer 9. Counter-Offers and the Battle of the Forms 10. Option Contracts Chapter 2 – Consideration 1. What is consideration? 2. Pre-existing Duty Rule 3. Duress and Statutory Changes Regarding the Modification of Contracts 4. Consideration in Bilateral Contracts and Mutuality of Obligation Chapter 3 – Moral Obligation and Consideration Chapter 4 – Promissory Estoppel Chapter 5 – Parol Evidence and Interpretation 1. The Parol Evidence Rule 2. Interpretation Chapter 6 – Capacity of Parties