Contract Law

In this course students will learn the law of contracts in great detail, in issues ranging from offer and acceptance, the common law concept of consideration, capacity, legal and illegal contracts, mistakes and errors in contract formation, non-performance short of breach, anticipatory breach, breach and remedies, as well as third-party rights in a contract. Since common-law jurisdictions such as the United States, Canada and Great Britain develop rules governing contract law on a case-by-case basis, this course is focused on how common law rules are formed and shaped, and the relationship of case law to statutory requirements such as the Uniform Commercial Code. Studying contract law from cases, as this course does, develops a keen appreciation for when and how things are likely to go wrong in contracting. This focus helps develop analytical and drafting abilities that are the key to good lawyering and client representation. The course will cover maining U.S. material, but will also review substantial developments in English contract law.

The readings are available on the secured course website. There is a small charge for the textbook to cover the license fee charged by the authors of the UCC and the Restatement 2nd of Contracts for reproduction of their copyrighted works. There are also two optional texts, Farnsworth, Contracts, 4th Edition, Aspen Publishing, and Baird, Contracts Stories, Foundation Press. A few copies will be available in the library for use on the Pericles premises.

This is an LL.M. level course. Students who are not in the LL.M. program are admitted only upon Pericles’ determination that the student’s English level and knowledge of law are sufficient to complete the course work, and upon the permission of the Professor.

Prior to the first class students should read the introductory section of the electronic textbook.