Problem: You are a lawyer at a law firm that represents several major businesses. The businesses have had problems with deals falling through because of broken contracts. The businesses have requested that your law firm create a site that explains contract law. You agree to it.
Directions: Using Google Sites, create a web site for your law firm that informs your clients about contract law. After every checkpoint you willl turn in your progress to be gradded.
Home Page
(3) Topic “Contract Law”, Name of your Law Firm, Your Name
What Must Be in a Contract? Page – subpage to HOME page
Learn About It: Contract Basics
(5) List and describe the 5 necessary elements – page 109 of the Business Law Text
Agreement Page – subpage to What Must Be in a Contract? page
(4) Requirements of an Offer
Learn About It: Offer and Requirements of an Offer
Offer – legal definition
List three requirements of an offer
(4) Contractual Intent
List four examples of times that contractual intent is not present in an offer
(9) Requirements of Acceptance
Acceptance – define
List the 3 requirements of acceptance to create an enforceable contract
Learn About It: Acceptance in Contracts
Mirror Image Rule – define
Learn About It: Mirror Image Rule
Bilateral Acceptance – what is it?
Create your own example of bilateral acceptance
Learn About It: Bilateral and Unilateral Acceptance
Unilateral Acceptance – what is it?
Create your own example of unilateral acceptance
Termination of Offers Page – subpage to Agreement Page
(7) List 7 ways that offers can be terminated
Learn About It: Ways Offers can be Terminated
(1) Revocation – define
Learn About It: Revocation
Create your own Example of revoking a contract
(1) Counteroffer – define
Learn About It: Counteroffer
Create your own example of a counteroffer
Keeping Offers Open – subpage to Agreement Page
(1) Option – define
Learn About It: Options Contract
Create your own example of an contract with an option
(1) Firm Offer – define
Learn About It: Firm Offer
Create your own example of a firm offer
CheckPoint #1 – Call Me Over to Evaluate Your Site (37 Points)
Genuine Assent Page – subpage to What Must Be in a Contract? page
(1) Genuine Assent – define
Learn About It: Genuine Assent
(1) Voidable – define
Learn About It: Voidable
(2) Recission – define
Learn About It: Recission
Explain how voiding a contract is different than rescinding a contract
(2) Ratification – define
Learn About It: Ratification
Create your own example of a person ratifying a contract.
How Can Genuine Assent be Found Lacking in Court? Page – subpage to Genuine Assent Page
(1) Duress – define
Learn About It: Legal Duress
Create your own example of duress that would make a contract voidable
(1) Undue Influence – define
Learn About It: Undue Influence
Create your own example of undue influence that would make a contract voidable
(4) Contractual Mistakes
Unilateral Mistake – define
Learn About It: Unilateral Mistake
Create your own example that shows a unilateral mistake, but the contract is still binding
Mutual Mistake – define
Learn About It: Mutual Mistake
Create your own example that shows a mutual mistake, and the contract is voidable
(9) Misrepresentation
Innocent Misrepresentation – define
Learn About It: Innocent Misrepresentation
Create your own example of an innocent misrepresentation
Fraudulent Misrepresentation – define
Learn About It: Fraudulent Misrepresentation
Create your own example of a fraudulent misrepresentation
The three requirements for statements to be treated as misrepresentations (complete)
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Active concealment – define
Learn About It: Active Concealment
Create your own example of active concealment
(5) Fraud – define
Learn About It: Fraud
Fraud is based on misrepresentation, but must contain two more elements --- what are they?
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What are the remedies available to you if someone commits fraud against you?
CheckPoint #2 – Call Me Over to Evaluate Your Site (25 Points)
Consideration Page – subpage to What Must Be in a Contract? page
(2) Consideration – define
Learn About It: Consideration
Create an example of a contract that contains consideration
(2)Forbearance – define
Learn About It: Forbearance
Create an example of a contract that contains forbearance as one side of the contract
(3) What are the three requirements of consideration in contract law:
Learn About It: Requirements of Consideration
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(6) How is consideration different than a gift? -- make sure you answer this question
Donor – define
Donee – define
Promisor – define
Promisee – define
Legal Value --- what is it?
Learn About It: Legal Value
Does consideration need to be of equal value for both sides?
Questionable Consideration – subpage to Consideration Page
(2) Illusory Promise – define
Learn About It: Illusory Promise
Create your own example of an offer with an illusory promise
(2) Output Contract – define
Learn About It: Output Contract
Create your own example of an output contract
(2) Requirements Contract – define
Learn About It: Requirements Contract
Create your own example of a requirements contract
(1) Liquidated Debt – define
Learn About It: Liquidated Debt
(1) Unliquidated Debt – define
Learn About It: Unliquidated Debt
(1) Creditor – define
(1) Debtor – define
(2) Accord and Satisfaction – define
Learn About It: Accord and Satisfaction
Create your own example of accord and satisfaction with a debtor and a creditor
(2) Accord – define
In your example above --- point out what the accord is
(2) Satisfaction – define
In your example above --- point out what the satisfaction is
(3) False Consideration
Past Consideration – define
Create your own example of past consideration that is not valid consideration
Gift – how can you tell the difference between a gift and a valid contract?
When is Consideration not Required? --- subpage to Consideration Page
(7) Exceptions to the Requirement of Consideration
Research and find 4 exceptions to the requirement of Consideration
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Statute of Limitations – define
Learn About It: Statute of Limitations
Promissory Estoppel – define
Learn About It: Promissory Estoppel
Create your own example of a scenario when the court could use promissory estoppel to enforce the promise to make a gift
CheckPoint #3 – Call Me Over to Evaluate Your Site (39 Points)
Contractual Capacity --- subpage to What Must Be in a Contract? page
(1) Contractual Capacity – define
Learn About It: Contractual Capacity
(3) What are some examples of people who lack contractual capacity? (give 3)
Protections for Those Who Lack Capacity --- subpage to Contractual Capacity page
(1) Disaffirmance – define
Learn About It: Disaffirmance
(4) What must be done upon disaffirmance? – Rules of Disaffirmance --- Explain
(6) Contracts that cannot be disaffirmed --- give and explain 3 examples
Learn About It: Contracts that cannot be disaffirmed
People Who Lack Contractual Capacity – subpage to Contractual Capacity page
(2) Minors
Emancipation – define
Learn About It: Emancipation
Age of Majority – define
(4) Mental Incapacity – define
Learn About It: Who Lacks the Capacity to Contract?
Give three examples of people that may not have the mental capacity to enter into a contract
(4) The Intoxicated
How intoxicated must the person be?
When will courts allow a person to disaffirm for intoxication?
Who Has Contractual Capacity in Organizations? – subpage to Contractual Capacity page
(6) Research and find what persons have what authority in an organization, create a list of jobs and the authority typically given to each job, 3 jobs with description of authority minimum
CheckPoint #4 – Call Me Over to Evaluate Your Site (31 Points)
Legality – subpage to What Must Be in a Contract? page
(2) Which agreements are illegal? What can make a contract void on the basis of legality?
Learn About It: Illegal Agreements
(2) Illegal Lotteries and Gambling
Explain why these are illegal contracts
Create your own example of an illegal gambling contract that would be voided by the court
(3) Agreements to Pay Usurious Interest
Learn About It: Usurious Interest
Usury – define
Explain why these are illegal contracts
Create your own example of an illegal contract involving usurious interest
(2) Agreements that Involve Illegal Discrimination
Explain why an agreement that only allows for a certain race to participate would be illegal
Create your own example of an illegal contract involving Illegal Discrimination
(3) Agreements Made Without a Required Competency License
Competency license – define
Explain why an agreement with someone who doesn’t have a valid license would be illegal
Create your own example of an illegal contract involving someone without the proper competency license
(7) Agreements That Restrain Trade Unreasonably
Price fixing – define
Learn About It: Price Fixing
Bid rigging – define
Learn About It: Bid Rigging
Allocation of markets – define
Learn About It: Market Allocation
Explain why price fixing, bid rigging, and allocation of markets deals are illegal contracts
Create your own example of an illegal contract involving price fixing
Create your own example of an illegal contact involving bid rigging
Create your own example of an illegal contact involving allocation of markets
The Statute of Frauds Page – subpage to Legality page
(1) Statute of Frauds – define
Learn About It: Statute of Frauds
(3) Contracts Within the Statute of Frauds
Give three examples of contracts that must be in writing
Learn About It: Contracts That Need to be Written
(4) Requirements of a Written Contract
List the items that are needed in a written contract
(2) Parol Evidence Rule --- what is it?
Learn About It: Parol Evidence Rule
Create an example of a scenario in which the parol evidence rule may be used, when settling a dispute
CheckPoint #5 – Call Me Over to Evaluate Your Site (29 Points)
Transfer and Discharge of Contracts Page – subpage to Home Page
(4) The Transfer of Contract Rights and Duties
Assignment – define
Learn About It: Assignment
Assignor – define
Assignee – define
Obligor – define
*A contract may be assigned to another as long as performance doesn’t materially change
(3) Situations in which contractual rights cannot be transferred: (list three)
Learn About It: Transferring Contracts
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(14) Discharge of Contractual Obligations
Learn About It: Discharging Contracts
By Performance
Discharge – define
Breach of Contract – define
Major breach – define
Learn About It: Major Breach
Minor breach – define
Learn About It: Minor Breach
Substantial performance – define
Learn About It: Substantial Performance
Anticipatory breach – define
Learn About It: Anticipatory Breach
By the Initial Terms
Give an example of a contract termination by the initial terms of the agreement.
By Subsequent Agreement
Recission – define
Substitution – explain
Accord and Satisfaction – explain
Novation – define
Learn About It: Novation
By Impossibility of Performance
Give an example of a situation in which a contract is terminated by an impossibility to perform situation
By Operation of Law
Give an example of a situation in which a contract is terminated by an act of the law
Alteration – define
CheckPoint #6 – Call Me Over to Evaluate Your Site (21 Points)
Remedies for Breach of Contract Page – subpage to Home Page
(1) Remedy – define
Learn About It: Remedies for Breach of Contract
(3) Remedies for Minor Breach of Contract
List the most common remedy for a minor breach
Does the party injured have to continue to perform the duties defined by the contract?
Create your own example of a minor breach of contract
(20) Remedies for Major Breach of Contract
Learn About It: Remedies for Contract Breach
Rescission – what is it?
Create an example of a situation where a contract is rescinded
Restitution – what is it?
Create an example of a situation where restitution is given
Compensatory Damages – explain
Create a scenario where compensatory damages are given
Consequential Damages – explain
Create a scenario where consequential damages are awarded
Punitive Damages – explain
Create an example where punitive damages are awarded
Liquidated Money Damages - explain
Create an example where liquidated money damages are awarded
Nominal Damages – explain
Create an example were nominal damages are awarded
Specific Performance – explain
Create an example were specific performance is required to remedy a contractual breach
Injunction – explain
Create an example were an injunction is used to remedy a breach of contract
Waiver – explain
Create an example were a waiver is used to remedy a breach
CheckPoint #7 – Call Me Over to Evaluate Your Site (24 Points)