lecture recording on 04 December 2024 at 20.10.00 PM 1

1. General Concepts of Contracts

1.1 Executors and Debt Payments

• An executor can agree to pay a deceased person's debt out of their own funds only if this agreement is documented in writing for it to be enforceable.

1.2 Consideration in Marriage

• Any promise for marriage must be in writing to be enforceable.

• Clear requirements state that promises involving marriage must be documented.

1.3 Sale of Goods and UCC

• Contracts for the sale of goods priced at $500 or more are governed by the Uniform Commercial Code (UCC).

1.4 Promissory Estoppel

• Three elements of promissory estoppel:

  1. A promisor makes an oral promise.

  2. The promisee relies on that promise.

  3. Breaking the promise would cause injustice, necessitating enforcement of the promise.

2. Written Agreements

2.1 Definition of Writing

• Anything can qualify as a writing if it is signed by the defendant and includes certain essential terms:

  • Names of the parties involved

  • Subject matter

  • Essential terms, stated with reasonable certainty

2.2 Importance of Signature

• To make an agreement enforceable, it must be signed by the defendant, emphasizing the need for a tangible confirmation.

3. Consideration in Contracts

3.1 Definition of Consideration

• Consideration refers to a bargain for exchange of legal value, essential for all enforceable contracts.

• Without consideration from both parties, a contract is not binding.

3.2 Determining Consideration

• Consideration can involve:

  • Money exchange

  • Services rendered

  • Agreement not to perform a legal action.

3.3 Limitations on Consideration

• Promises that lack legal detriment (ex. agreeing not to speed) are not binding contracts.

3.4 Gift Promises

• Completed gifts are not subject to consideration, making them unenforceable.

3.5 Types of Promises and Consideration Issues

1. Illusory Promises: Lack commitment, thus not enforceable (e.g., conditional on liking an item).

2. Preexisting Duties: No new consideration for duties already owed.

3. Past Consideration: Not valid as consideration if the act was completed in the past.

4. Debts and Modifications

4.1 Liquidated vs. Unliquidated Debt

• Liquidated Debt: Amount owed is undisputed.

• Unliquidated Debt: Amount owed is in dispute; if settled, both sides have new considerations, making the agreement binding.

4.2 Remedies for Breach of Contract

• There are four types:

  1. Expectation damages: What the party expected to receive.

  2. Reliance damages: Costs incurred by the injured party in reliance on the contract.

  3. Restitution: Returning a party to their position prior to the contract.

  4. Equitable interest: Specific performance or injunction, often applicable in property and unique item transactions.

5. Torts

5.1 Definition of a Tort

• A tort is a wrongful act that violates a legal duty.

  • Types include intentional torts and negligence, which affects accountability for accidents.

5.2 Elements of Negligence

1. Duty: The legal obligation owed to others.

2. Breach: Violation of that duty.

3. Actual Cause: The direct cause of the injury.

4. Proximate Cause: The legal extent to which the injury was foreseeable.

5. Damages: Actual harm caused to the injured party.

5.3 Defenses Against Negligence

1. Contributory Negligence: If a party contributed to their harm, they may receive no damages.

2. Comparative Negligence: Lowered recovery based on the percentage of fault.

3. Assumption of Risk: Accepting the potential dangers associated with activities.

6. Employment Discrimination

6.1 Title VII of the Civil Rights Act

• Protects against discrimination based on race, color, religion, sex, or national origin.

• Discrimination complaints can arise in various aspects of employment.

6.2 Types of Discrimination Claims

1. Disparate Treatment: Individual treated less favorably due to a protected characteristic.

2. Disparate Impact: Employment policy that disproportionately affects a protected group, even if not explicitly discriminatory.

3. Hostile Work Environment: Conduct that creates an intimidating or abusive work environment.

4. Retaliation: Protection against adverse action for opposing discrimination.

6.3 Employer Defenses

• Valid defenses may include demonstrating legitimate non-discriminatory reasons for employment actions.