Prior Posts – Re: Exam
Does “open book” include commercial outlines or just the textbooks and our own notes? — Everything
What does COL on an answer sheet mean? Choice of law (UCC?)
while outlining, should i be concerned w/ knowing case names or should i not worry about the cases specifically, focusing more on how they advanced the ball in contracts (e.g. the rules, the exceptions, and the application of both)?
—- You will not be asked “In which case was the rule on equitable estoppel used instead of promissory estoppel?” or “In which case did a court in Hawaii say that Sunday doesn’t count in determining the one-year period?” Nor will you be asked “Please write an essay on the evolution of US Contract law.” You also will not be asked to “Explain the Parol Evidence Rule and its Exceptions.” You will be tested on applying the law to the facts. Case names should not the subjects of an outline. They are useful in quickly summarizing problems that courts may face, e.g., “because the third-party knew that the agent did not have authority to make an offer, as in Red Owl , the third-party could not accept and therby bind the principal.”
Here are some websites, each has strengths and weaknesses. Except for the first, they all make mistakes, so don’t treat them as verbatim, but they may give you ideas.
Students keep on asking me whether I really am serious about giving no credit for using section #’s and case names.
I am. And here is why: Students use them as props, rather than engaging in analysis.
Here is an example (from the extra credit assignment): “Andy could void the contract under Restatement 177(2) – Acceptance was induced by the undue influence of Dwight . . .Andy could also void the contract because of threat (177-1). Additionally, the contract is not enforceable under the Statute of frauds (UCC 2-201(1)).”
zero points and the student (I bet) knows the stuff. You only get credit for applying the law (the elements that establish coa’s (causes of action)) to the facts.