Contracts Syllabus, Dow, Fall 2015.
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1 Contracts Syllabus, Dow, Fall 201. Page numbers on this syllabus refer to Kessler, Gilre, & Kronman, Contracts (3d ed. Little Brown), which (alas) is out of print. However, it is a terrific book, and if you can find a copy, I recommend you acquire it. In the event you either (a) cannot find a copy or (b) do not really want to buy it, copies of the class materials are available for download on my UH faculty webpage; This material will be what I teach, what we discuss, what you are responsible for knowing, and what, in my judgment; you need to know to know contract law. Please direct all administrative questions to my assistant, Charlette Jefferson (cmjeffer@central.uh.edu; ). Your grade will be based primarily on a final exam. In addition, up to 30 percent of the grade may be based on class performance, which includes class attendance. My office is room 120, BLB. Ms. Jefferson she sits outside my office. My office hours are esdays, from 1 until 3, and by appointment. date assignment week 08-2 introduction Hawkins v. McGee, 8 N.H. 11, 16 A. 61 (N.H. 1929). the official version is: Overview of Doctrine: Rule and Counter-rule. Hurley v. Eddingfield, p. 6. Cotnam v. Wisdom, p Continental Forest, p. 67. Boston Ice Co. v. Potter, p Labor Day; no class Taft v. Hyatt, p Noble v. Williams, p. 76. Sommers v. Putnam Bd. of Educ., p
2 Davis & Co. v. rgan, p. 77. Schwartzreich, p Wood v. Boynton, p. 8. Sherwood v. Walker, p Laidlaw v. Organ, p Hadley v. Baxendale, p Shaw v. Shaw, p. 1. Upton-on-Severn, p Vickery v. Ritchie, p OFFER AND ACCEPTANCE: Indefinite contracts. Lefkowitz, p Jenkins Tol Service, p ulton v. Kershaw, p TBA des of acceptance. Prescott v. Jones, p Carlill v. Carbolic Ske Ball Co., p Firm offers. Dickinson v. Dodds, p Baird, p Drennan, p Output contracts. Eastern Air Lines, Inc., p. 28. Utah Int'l, Inc., p. 37. Schlegel Mfg. Co., p. 6. 2
3 09-21 Correspondence. Cushing v. Thompson, p. 39. Rhode Island Tool Co., p. 3. (Note on Dick, pp ) Unilateral agreements. Davis v. Jacoby, p. 38. Crook v. Cowan, p Forms. Roto-Lith, Ltd., p CONSIDERATION: Graitous promises and reliance. Siegel v. Spear, p. 28. Underwood Typewriter Co., p. 29. Feinberg. v. Pfeiffer, p Kirksey v. Kirksey, p. 73. Devecn v. Shaw, p Hamer v. Sidway, p. 83. De Cicco v. Schizer, p. 9. Allegheny College, p Cont d Adequacy (and peppercorns). Haigh v. Brooks, p. 6. Note on Jackson, p. 69. Read pages Real Estate Co. of Pittsburgh, p Krell v. Codman, p
4 10-06 Cont d Goulet v. Goulet, p Aller v. Aller, p Schnell v. Nell, p Pillans & Rose, p ral consideration. Gillingham v. Brown, p. 12. Eastwood v. Kenyon, p. 19. Mills v. Wyman, p. 23. C---- v. W----, p. 27. bb v. McGowin, pp. 39, Good faith and illusory promises. Balfour v. Balfour, p Davis v. Gen. Foods, p Armstrong v. M'Ghee, p Petterson v. Pattberg, p Wood v. Lucy, Lady Duff-Gordon, p STATUTE OF FRAUDS. Read pages Eastwood v. Kenyon, p Note, pages Bader v. Hiscox, p Doyle v. Dixon, p Boone v. Coe, p Crabtree v. Elizabeth Arden, p Imperator Realty v. ll, p UNCONSCIONABILITY. Williams v. Walker-Thomas Furnire Co., p
5 Patterson v. Walker-Thomas Furnire Co., p Jones v. Star Credit Corp., p READJUSTMENTS OF GOING DEALS. Stilk v. Myrick, p. 61. Foakes v. Beer, p Hackley v. Headley, p PAROL EVIDENCE AND RULES OF INTERPRETATION. Crawford v. France, p Mitchill v. Lath, p Danann Realty Corp., p. 83. Zell, p. 82. Read pages Raffles v. Wichelhaus, p THIRD PARTY BENEFICIARIES. Read pp Laurence v. Fox, p Seaver v. Ransom, p Skim pp Sacony-Vacuum Oil Co., p Lucas v. Hamm, p Copeland v. Beard, p ASSIGNMENT AND DELEGATION. Read pp Speelman v. Pascal, p Langel v. Betz, p British Waggon Co., p Arkansas Valley Smelting Co., p. 111 (through p. 120) Review or TBA 10 REMEDIES: 11
6 11-02 Generally. Acme Mills & Elevator Co., p Re-read Hawkins v. McGee. Sullivan v. O'Connor, p ney damages. Re-read Hadley v. Baxendale, p Freund v. Washington Square Press, p Jacob & Young, Inc. v. Kent, p Peevyhouse v. Garland Coal, p Cont d Sales of goods. Gainsford v. Carroll, p Panhandle Agri-Service, Inc., p (Read carefully UCC 2-712, ) Globe Refining Co., p. 11 (N.B. question 7, p. 111) Specific performance and reliance interest. Lumley v. Wagner, p Stokes v. ore, p Campbell Soup Co. v. ntz, p Security Stove & Mfg. Co., p REMEDIES AND DISCHARGE: Anticipatory breach, repudiation, and duty to mitigate. Daniels v. Newton, p Roehm v. Horst, p
7 11-16 Missouri Furnace Co., p Oloffson v. Coomer, p Clark v. Marsiglia, p Controlling liability. Henningsen v. Bloomfield tors, p Fair v. Negley, p PROBLEMS OF PERFORMANCE: Mistake, Impossibility, and Frustration. Taylor v. Caldll, p Krell v. Henry, p Conditions and Substantial Performance. Norrington v. Wright, p. 990 (through p. 1007). Miron v. Yonkers Raceway, p Britton v. rner, p Substantive review (NB: questions due no later than noon, Friday, Nov 20); practice exam distributed No class Optional review, practice exam. 7
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