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?

(5) Remedies

Common Law

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