Prior Posts – Organizing your thinking
All common law courses involve the relation: Duty- Breach – Remedy.
The “Five Fingers” of Contract Law
To organize your thinking, you might use a “five finger” approach:
(1) Is there an enforceable obligation? (Has a contract been formed? promissory estoppel? etc.)
(2) Is there a defense to formation? (illegality, etc.)
(3) Performance/ Breach (What is in the contract? etc.)
(4) Is there a defense to non-performance?