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