Common Law of Contract
Colleen M. Cox, J.D.
coxc@uni-muenster.de
Common Law of Contracts
April 2014
1
Course Overview
The following slides, and the information therein, have
been compiled from multiple sources and are being
provided in advance to assist students in following the class
presentations. The slides do not represent the final slides to
be presented during the course. Attendance and
participation are still expected.
Cases and examples will be discussed in class to illustrate
points of law. Some case and example facts are provided
herein so that students will be prepared to discuss the cases
and sample fact patterns in class. Other cases will be
posted separately; these cases should be read and
analysed. Students will be asked to identify case issues and
apply the law learned to reach a decision in the case.
Please be prepared to participate in class discussions.
Common Law of Contracts
April 2014
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Contracts Overview
A contract is:
a voluntary, legally enforceable agreement
Contract law regulates:
formation
content
enforcement
Common Law of Contracts
April 2014
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Contracts Overview
Contract Purpose:
Goal of contract law is to ensure that certain
promises are upheld.
Contracts are an act of private law making.
Role of the Court:
Determine whether there is a contract.
Resolve disputes over the terms and breach.
Enforce the promise by giving a remedy.
Common Law of Contracts
April 2014
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Sources of Contract Law in the U.S.
Common Law (Cases)
• Almost exclusively state law, not federal
State Statutes (codified laws)
Uniform Commercial Code (UCC Article 2)
• Covers sales of goods
• As adopted by each state
Note: The Restatement of Contracts will be referenced in
class, but is not law. It is a “secondary authority,” which
restates the law as set forth elsewhere and may be
persuasive before the courts.
Common Law of Contracts
April 2014...