Contracts Essay Approach

Question 1

7 bullet points to hit on essay

Answer 1

1) Which law governs; 2) formation; 3) defenses to formation; 4) contract terms; 5) third parties; 6) performance; 7) Remedies

Question 2

Items under formation

Answer 2

1) Mutual assent (offer, acceptance); 2) Consideration (either bargained for exchange or promissory estoppel)

Question 3

Items under defenses to formation

Answer 3

1) SOF; 2) mistake/ambiguity; 3) illegality; 4) incapacity; 5) unconscionable; 6) fraud/duress

Question 4

Items under contract terms

Answer 4

1) interpretation; 2) modification; 3) parol evidence rule

Question 5

Items under third parties

Answer 5

1) 3rd party beneficiaries; 2) assignment/delegation

Question 6

Items under performance

Answer 6

1) Conditions (types, excuse, satisfaction); 2) discharge of duty (impossibility, impracticability, frustration of purpose, modification, mutual recission, novation, accord & satisfaction); 3) breach (major v. minor)

Question 7

Items under remedies

Answer 7

1) compensatory damages; 2) consequential damages; 3) restitution; 4) recission or reformation; 5) specific performance