Course Information

7194 - Contracts 2

Professor: Stephanie Hoffer
Semester: 2012 Autumn

Second Writing Requirement? No
Seminar? No
Professional Responsibility? No
Prerequisites: None
Means of Assessment: exam, class participation, drafting and negotiation exercises

Course Description

Contracts II continues and complements Contracts I. The topics covered include pre-contractual obligation (including preliminary agreements), contract interpretation, gap-filling terms, duress, modification, performance and breach, conditions, mistake, impossibility, impracticability, frustration, the public policy defense, third-party beneficiaries, assignment, and delegation. Emphasis is on the common law, but the Uniform Commercial Code and, to a lesser degree, international and comparative contract law will also be studied.
 
Although Contracts II uses, among other things, a standard casebook, the course has a strong transactional emphasis. A continuing area for discussion is how to use various aspects of doctrine when negotiating and writing contracts. To that end, the course includes a number of drafting and transactional exercises. We will also use case studies from time to time to present the material in a more realistic setting.

This course would be particularly important for students who anticipate a career involving business law, whether as commercial litigators or as transactional attorneys. Others who want some exposure to contract law from a transactional perspective or who want to cover the entire subject-matter of contracts may wish to consider the course as well.
 
Evaluation will be on the basis of a final examination, class participation, and performance on drafting and transactional exercises.

The course materials listed above are for informational purposes only and should not be considered final. Students must check with the Registrar for a current list of closed courses.