Final Examination 2010-2011

I have posted the Final Examination, Spring 2011, in the examination section (click on Resources) of this website. The grading form is linked to the Final Examination.

After I finished drafting the examination, I sat down and attempted to write an answer to it. This is not a perfect answer but it will, I hope, help you understand the somewhat cryptic notes that I have included in the grading form. I am including, without changes, the answer I wrote. I plan on appending to this blog a video podcast with some comments about how the class went about answering these questions and what I have learned from what you wrote. But first, my draft answer: Read More...

Additional Podcasts

I was asked by a member of our class if there were other podcasts that I had made in the past that might be useful. This suggestion led me on a tour through my computer records and I did find several that might be of use to you as you prepare for the Final Examination. There is insufficient time to change formatting and you may not be able to use all of them, but here are links to each:

Contract Interpretation
Preliminary Negotiations
Anticipatory Repudiation

2008 Final Examination

As you know, I have posted to this website many past Final Examinations, each accompanied by the Scoring Form that I used to evaluate the examination. Those Scoring Sheets, however, are created to help me grade fairly and uniformly, and are hardly models for how the questions in the examination answers should be written.

In 2008, I prepared three brief podcasts, each addressing one of the questions in the 2008 Final Examination. Since I know that a number of you have used questions from that examination as practice questions in your review, I thought it might be useful to post those three podcasts to our course website. Here are the links:

Question 1
Question 2
Question 3

The Three Part Test of the Doctrine of Impossibility

In Transatlantic Financing v. U.S., Judge Skelly Wright proposes a three-part test to determine whether a plea of impossibility as a defense to breach can be persuasively advanced. Since our discussion of the impossibility cases has not yet made clear the elements of this three-part test, I have created a slide presentation to help focus our attention on the Wright analysis.

Skelly Wright’s Impossibility Analysis

Mistake

In the Spring of 2009, I provided my Contracts class with a brief review of the doctrine(s) of Mistake. This, in combination with the class recordings of the week of March 21, 2011, provide a useful resource for your own review of this body of law.
Mistake Review
Read More...

ProCD v Zeidenberg

We will be able to watch just a bit of an interview conducted by a contracts law professor in 2004. The interview was with Matt Zeidenberg, the defendant in ProCD v. Zeidenberg and with his attorney David Austin. Read More...

Statute of Frauds

I have prepared some slides to use in our class on the Statute of Frauds. The slides contain both an outline of major points and some hypotheticals to help in discussion of the Statute of Frauds.
Slide Show

A Brief Summary of the Parol Evidence Rule

You may find useful this brief slideshow on the Parol Evidence Rule.

Benefit in Implied-in-Law and Implied-in-Fact Contracts

In the Fall Term, we saw that reliance plays an important role in determining the enforceability of the promise on which the promisee relied. If the promisee’s reliance was bargained for, it represents the consideration advanced by the promisee in support of the promisor’s promise. Read More...

Mailbox Acceptance Rules

As you know, we spent very little time on mailbox acceptance rules, and our casebook has a very limited presentation on that subject. I have prepared a set of slides setting out the mailbox acceptance rule and its applications.