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Academic Support: SKILLS Workshop Series
http://www.law.whittier.edu/Contracts-
workshop.ppt
Assessment
› Law School Study Cycle
› VARK
Outlining/Study Tools
› VARK
› Methods of Organizing Ks
Pre-Write Outlining
Call of the Question responses-a “how-to” guide
Activity
Practice Exams/ Review Sessions
Review Class notes for
understanding
Adjust Outline
Assess what you
know
Update Outline
Read, brief, class notes
Review/Reflection:
• Defenses to the K?
• Parol Evidence Rule?
• Damages?
• 2-207?
Take 3 minutes to fill out assessment
Why do we stress self-assessment?
› Identify your strengths and weaknesses
› Know yourself
VARK
› What is your learning style?
How many of you have started outlining?
How did you organize?
“Armadillos From Texas Play Rap Eating Tacos”
Applicable law—UCC or CL?
Formation—Offer, Acceptance, Consideration
Terms
Performance
Remedies
Excuse of Nonperformance
Third Party Problems
“Armadillos From Missouri Play Parcheesi Teaching Rhinos”
Applicable law—UCC or CL?
Formation—Offer, Acceptance, Consideration
Modification
Parol Evidence & Exceptions
Performance
Third Party Rights
Remedies
Applicable law
Formation
Terms (including 3rd party beneficiaries)
Performance
Excuses
Breach and remedies
“All Funky Turkeys Pass Easy Bars”
1. Is there a Contract?
2. What are the Terms?
3. Is it Enforceable?
4. Was there a Breach?
5. What Remedies are available?
• All of these methods contain the
same material but it’s just
organized differently
• Try to tailor it to your professor’s
preferences
• The best approach to choose is
one that will translate well on an
exam.
1 Read the call of the question
2 Read the fact pattern
3 Pre-Write Outline your answer using your outline structure, utilizing key facts
4 Write exam in IRAC form focusing on analysis
Read the call of the ?
Read the fact pattern
Outline Write in
IRAC
Content of your Pre-Write Outline
Identify the Parties and Issues
Use the order or approach you chose for your
outline
Include legally significant facts & rules
Identify defenses/ counterarguments Review
Review the fact pattern to make sure
you have used all key facts
Use your checklist to ensure you caught
all issues Start writing!
“Discuss”
“What claims and defenses may Owner
and Ace reasonably assert and what is
the likelihood of success on each?”
“What Remedies is ∏ entitled to?”
1. Is there a K?
2. What are the terms?
3. Is it enforceable?
4. Was there a breach?
5. What remedies?
“Discuss:”
Start here and go through
applicable arguments, counter
arguments and defenses for
formation, terms,
enforceability, breach, and
remedies.
Is there a K?
What are the terms?
Is it enforceable?
Was there a breach?
What remedies?
“The parties entered into a valid
contract…Discuss:”
Issues start here and go
through applicable arguments,
counter arguments and
defenses for terms,
enforceability, breach, and
remedies.
“Valid contract” means there are
NO formation issues. Mention that
and move on.
Is there a K?
What are the terms?
Is it enforceable?
Was there a breach?
What remedies?
“What claims and defenses may
Owner and Ace reasonably assert
and what is the likelihood of success
on each?”
Start here and go through
applicable arguments, counter
arguments and defenses for
formation, terms,
enforceability, breach, and
remedies.
*Be sure to create a heading
for Defenses so the grader
knows you’re answering the
call of the question specifically
Is there a K?
What are the terms?
Is it enforceable?
Was there a breach?
What remedies?
“What Remedies is ∏ entitled to?”
Start here and go through
applicable arguments, counter
arguments and defenses for
formation, terms,
enforceability, breach, and
remedies…WHY? If the call is
asking just for remedies?
*Be sure to create a heading for
“Remedies” or “Conclusion” so
the grader knows you’re
answering the call of the question
specifically
Discuss all contracts issues
1. Is there a K?
a. CL vs. UCC
a. This was a service (hold the ball) therefore CL applies
b. Formation issues—
i. Unilateral vs. Bilateral (are they exchanging promises or is one
promise in exchange for performance?) i. Could be both ANALYZE
ii. Offer i. “All you have to do is hold the ball…”
iii. Acceptance i. “I don’t know if this is a good idea”… vs.
ii. holding the ball if unilateral K
iv. Consideration—bargained for exchange of benefit/detriment
1. Lucy holding the ball=detriment & Charlie Brown kicking the
ball=benefit
c. Defenses to Formation
1. Duress/Undue Influence—Charlie Brown doesn’t give Lucy
much choice
2. What are the Terms?
a. “Hold the ball, I’ll come running, and kick it”
3. Is it Enforceable?
a. Performance
i. Conditions?
1. Lucy would hold the ball so then Charlie Brown
would kick it….Any Excuses to performance?
A. ”I was afraid your shoes might be dirty”
2. Satisfaction?—she did hold the ball for a period of
time, but not so he could kick it
ii. Discharge of Duty
1. Impracticability—it was her football and she was
afraid he would get it dirty
4. Was there a Breach?
a. Major vs. Minor
i. The point of the K was for Charlie Brown to
kick the ball, and he wasn’t able to, so he’ll
argue it was major
ii. She’ll argue that she did hold the ball so she
did perform in part so it’s minor—Charlie
Brown can ask her to hold the ball again so
he can kick it
b. Anticipatory Repudiation—had
performance already begun?
5. Remedies
a. Expectation—What’s the value of Charlie
Brown’s joy in kicking the ball?
b. Consequential Damages—Foreseeable that
Charlie would fall? Value of his injuries?
c. Restitution—Was a benefit conferred to Lucy?
d. Specific Performance—can Charlie Brown
force performance? Was this unique?
Self Assess—know where you are in the
law school study cycle!
Create a Ks approach that works for you
Use it as a jumping off point
Pre-Write Outline
Know what your K exam is asking!
Come to ASP for more
practice/guidance!
Monday Tuesday Thursday
Prof. Homer 9:00-11:00am
2:00-5:00pm
9:00am-
12:00pm
9:00-11:00am
2:00-5:00pm
Prof. Dombrow 10:00-11:00am
2:00pm-
6:00pm in the
library
9:00am-
12:00pm
9:00-11:00am
2:00-5:00pm
Prof. Gutterud 8:00-11:00am
2:00pm-
4:00pm
9:00am-
12:00pm
10:00am-
12:00pm
2:00-6:00pm in
the library
ASP Office Hours