Contract Law: Determining Which Law Applies: UCC or Common Law | quimbee.com

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Published on 10/12/23 / In Status Correction

A brief excerpt from Quimbee's lecture video on how to determine whether the Uniform Commercial Code or the common law should be applied to a particular contract law issue. Watch more at https://www.quimbee.com/lectures/6

This video is just one of 30 videos in our lecture on Contract Law, which explains the formation of a contract; the creation and interpretation of contract terms; the variety of defenses to a contract; the rights and obligations pertaining to the performance and breach of a contract; and the types and scope of remedies.

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"Contract Law" table of contents:

1. Introduction

+ Welcome

2. Forming a Contract

+ Using Contract Vocabulary and Identifying the Elements of Contract
+ Determining Which Law Applies: UCC or Common Law
+ I Offered, or Did I?
+ Accepting an Offer
+ Exchanging Value: Consideration
+ Statute of Frauds

3. Creating and Interpreting Contract Terms

+ Creating Sales Contracts and The Battle of the Forms
+ Clarifying the Terms: The Rules on Mistake
+ Relying on the Rules of the Road: Ambiguous Terms and Business Practice
+ Examining How We Agreed: Parol Evidence, Integration and Merger

4. Defenses to Contract

+ When Parties Aim to Deceive: Misrepresentation, Duress, and Fraud
+ When There Is No Way to Perform: Impossibility, Impracticability, and Frustration of Purpose
+ When We Can't Say Yes: Capacity and Legality
+ When We Can't Let You Do That: Unconscionability

5. Contract Performance and Breach

+ Relying on the Other Guy's "No": Anticipatory Repudiation
+ Answering to Another Power: Third Party Rights
+ Doing Enough Is As Good As Doing It All? The Rule of Substantial Performance
+ Selling Goods Is Hard to Do? The Perfect Tender Rule
+ Performing One Step at a Time: Conditions and Installments

6. Remedies

+ Putting the Fire Out Yourself: Avoiding Loss and the Duty to Mitigate
+ Equitable Damages and the Irreplaceable: Specific Performance
+ Measuring Common-Law Legal Damages (Expectancy, Reliance, and So On)
+ Piling It On: Liquidated and Punitive Damages
+ When Buying and Selling Goes Bad: The UCC and Damages
+ Equitable Damages and Avoiding Injustice: Quasi-Contract and Restitution

7. Conclusion

+ Recap
+ Helpful Hints on Outlining Contracts
+ Helpful Hints on Taking Contracts Exams

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