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Fall 2020 Course

Contracts 5

Exam: Please refer to the Fall 2020 Tentative Exam Schedule

Contract law is the study of legally enforceable promises, normally exchanged as part of a bargain. Contracts are the main means by which transactions are made and legal obligations are voluntarily incurred. Topics covered include: when a contractual promise exists and which are too indefinite; whether consideration should be required and what that means; whether there was offer and acceptance forming a contract; whether and when contracts should be voided because of duress, nondisclosure, a failure to read, unconscionability, or immorality; how to interpret contracts; implied and explicit contractual conditions; the material breach and perfect tender rules; whether performance is excused by mistake of fact, impossibility, impracticability, or frustration of contractual purpose; what remedies to reward and how to measure them; and whether and when damages should be limited because of failure to mitigate, unforeseeability, or use of penalty clauses.


(1) a Casebook, Scott & Kraus, Contract Law & Theory (5th ed. 2013);

(2) the Supplement to that casebook, entitled Contract Law & Theory – Selected Provisions: The Restatement of Contracts and Uniform Commercial Code (5th ed. 2013).