Upon completion of each segment of the Course, you should be able to achieve the following learning outcomes:
CHAPTER 1 – INTRODUCTION TO LAW
1. Explain "natural law"
2. Explain "positivist"
3. Explain "legal realism"
4. Compare and contrast an action in equity and an action at law
5. Compare and contrast the various sources of law in the American legal system
6. Explain "precedent"
7. Explain "stare decisis"
8. Compare and contrast criminal and civil law
9. Explain how U.S. Constitution distributes power between the branches of government
10. Explain the origin of "common law"
11. Explain "U.C.C.
12. Explain "jurisprudence"
13. Explain the various purposes of law
14. Explain "res judicata"
15. Explain the characteristics necessary for a good legal system
16. Explain how to find the primary sources of law
17. Compare and contrast substantive and procedural law
18. Compare and contrast the common law and civil law legal systems
19. Explain "Law Merchant"
20. Explain the various elements of a case brief
21. Explain the rule of Johnston v. Del Mar
22. Explain the rule of Artukovich v. Reliance
23. Apply the concepts of this chapter to hypothetical situations
CHAPTER 12 – NATURE AND TERMINOLOGY
1. Compare and contrast "promise" and "contract"
2. Explain the origin of the ability to freely contract
3. Explain "enforceable agreement"
4. Explain the elements necessary for an enforceable contract
5. Compare and contrast "bilateral" and "unilateral" contracts
6. Compare and contrast "express" "implied" and "quasi" contracts
7. Explain "unjust enrichment"
8. Explain the effect of a seal
9. Compare and contrast "formal" and "informal" contracts
10. Explain "executory" contract
11. Compare and contrast "enforceable" "unenforceable" "voidable" and "void" contracts
12. Explain the rules of contract interpretation
13. Explain the "objective theory" of contract formation
14. Explain when an offer to a unilateral contract may be revoked
15. Compare and contrast "trade usage" "course of dealing" and "course of performance"
16. Explain the rule of law arising from Servicemaster v. G.A.B.
17. Explain the rule of law arising out of Industrial Lift v. Mitsubishi
18. Explain the rule of law arising out of Jones, Waldo v. Dawson
19. Apply the concepts of this chapter to hypothetical situations
CHAPTER 13 – AGREEMENT
1. Explain "agreement"
2. Explain "offer"
3. Explain the requirement of communication
4. Explain "invitation to negotiate"
5. Explain the legal implications of an advertisement
6. Explain the legal implications when something is put up for auction
7. Explain the terms that must be included in order to have an enforceable contract
8. Compare and contrast "offer" "acceptance" "revocation" "rejection" and "counteroffer"
9. Explain the types of irrevocable offers
10. Explain "detrimental reliance"
11. Explain the effect of death or incompetence of a party to a contract
12. Explain the "mirror image rule"
13. Explain U.C.C. 2-207
14. Explain the "mailbox rule"
15. Explain "authorized means of acceptance"
16. Explain the "objective theory of mutual assent"
17. Explain "termination of an offer"
18. Explain "termination by operation of law"
19. Explain the rule of Lefkowitz v. Great Minneapolis
20. Explain the rule of Rudd v. Great Plains
21. Explain the rule of Clow v. N.L.R.B.
22. Explain the rule of Defeo v. Amfarms
23. Apply the concepts of this chapter to hypothetical situations
CHAPTER 14 – CONSIDERATION
1. Explain the term, "consideration"
2. Explain "detriment"
3. Explain "benefit"
4. Explain "bargained for exchange"
5. Explain "legally sufficient value"
6. Explain "moral Consideration"
7. Explain "past consideration"
8. Explain "adequacy of consideration"
9. Explain "pre-existing duty rule"
10. Explain the requirements for modification of a contract
11. Explain U.C.C. 2-209(1)
12. Explain the effect of a "one-sided" contract
13. Explain "recession"
14. Explain "right to cancel"
15. Compare and contrast "liquidated" and "unliquidated" debts
16. Explain "accord and satisfaction"
17. Explain "release"
18. Explain "covenant not to sue"
19. Explain "detrimental reliance"
20. Explain "promissory estoppel"
21. Explain the effect of "unforeseen difficulties"
22. Explain "exclusive dealing contract"
23. Explain "requirements contract"
24. Explain "output contract"
25. Explain "illusory contract"
26. Explain "charitable subscription"
27. Explain the effect of a promise to pay a debt barred by the statute of limitations
28. Explain the rule of Hamer v. Sidway
29. Explain the rule of Herrick v. Maine Wild Blueberry
30. Explain the rule of Bennett v. Shinoda
31. Explain the rule of Matherne v. Grinnell
32. Apply the concepts of this chapter to hypothetical situations
CHAPTER 15 – CAPACITY
1. Explain how the disabilities of minority may be terminated by a person under 18
2. Explain the age of majority at common law and now
3. Explain the effect of a contract with a minor
4. Explain "disaffirmance"
5. Explain "necessaries"
6. Explain the rights of a minor as to property transferred to a third party
7. Explain the result when a minor lies about their age
8. Explain "ratification"
9. Explain the liability of minors for their torts
10. Explain the meaning of "emancipation" in Texas
11. Explain the standard used to determine if a person is incompetent due to intoxication
12. Explain when a person is mentally incompetent to contract
13. Explain the duties of a minor upon disaffirmance when goods received are damaged
14. Explain the rule of Dodson v. Schrader
15. Explain the rule of Haydocy v. Lee
16. Explain the rule of Fletcher v. Marshall
17. Explain the rule of Lucy v. Zehmer
18. Apply the concepts of this chapter to hypothetical situations
CHAPTER 16 – GENUINENESS OF ASSENT
1. Explain when mistake will allow avoidance of a contract
2. Explain each of the elements of fraud
3. Explain the effect of failure to disclose a material fact
4. Explain "latent ambiguity"
5. Explain the effect of fraud
6. Explain whether a statement of opinion can be a basis for fraud
7. Explain "innocent misrepresentation"
8. Explain "undue influence"
9. Explain "duress"
10. Explain the effect of a mistake of value
11. Explain "puffery"
12. Explain whether an "adhesion contract" may be avoided
13. Explain avoidance of a contract on grounds of unconscionability
14. Explain the rule of Raffles v. Wichelhaus
15. Explain the rule of Vokes v. Arthur Murray
16. Explain the rule of Clement-Rowe v. Michigan
17. Apply the concepts of this chapter to hypothetical situations
CHAPTER 17 – LEGALITY
1. Identify the types of illegal contracts
2. Explain the enforceability of gambling debts
3. Explain "Sunday laws"
4. Explain the enforceability of contracts entered into in violation of licensing statutes
5. Explain the enforceability of restrictive covenants and covenants not to compete
6. Explain the enforceability of "adhesion contracts"
7. Explain the enforceability of "exculpatory clauses"
8. Explain the general rule of the Statue of Frauds
9. Explain the SOF rule involving marriage
10. Explain the SOF rule involving a year
11. Explain the SOF rule involving land
12. Explain the SOF rule involving estates
13. Explain the SOF rule involving goods
14. Explain the SOF rule involving collateral or surety promises
15. Explain what will satisfy the writing requirement of the SOF
16. Explain the exceptions to the Statute of Frauds
17. Explain the Parol Evidence Rule
18. Explain the exceptions to the Parol Evidence Rule
19. Explain "integration"
20. Explain the rule of Metropolitan v. Sadri
21. Explain the rule of Benjamin v. Koeppel
22. Explain the rule of Superior v. Walling
23. Explain the rule of Stanfield v. Grove
24. Explain the "plain meaning rule"
25. Explain the general rules of interpretation of contracts
26. Apply the concepts of this chapter to hypothetical situations
CHAPTER 18 – THIRD PARTIES
1. Explain "privity"
2. Explain the two types of "third party beneficiaries"
3. Explain the two types of "intended third party beneficiaries"
4. Explain "assignment"
5. Explain "delegation"
6. Explain "novation"
7. Explain the effect of a clause prohibiting assignment
8. Explain the American and English rules regarding assignments
9. Explain when rights and duties are not transferable
10. Explain who may be sued by a third party beneficiary attempting to enforce a contract
11. Explain the enforceability of public contracts by third parties
12. Explain the rule of Caswell v. Zoya
13. Explain the rule of Reynolds v. Hardee
14. Explain the rule of Holsapple v. McGrath
15. Apply the concepts of this chapter to hypothetical situations
CHAPTER 19 – PERFORMANCE AND DISCHARGE
1. Explain the most common method by which contracts are discharged
2. Explain "condition precedent"
3. Explain "condition subsequent"
4. Explain "conditions concurrent"
5. Explain "substantial performance"
6. Explain the effectiveness of a contract that requires the "personal satisfaction" of a party
7. Explain "breach"
8. Explain "material breach"
9. Explain "anticipatory repudiation"
10. Explain "novation"
11. Explain "impossibility of performance"
12. Explain "commercial impracticability"
13. Explain "rescission of a contract"
14. Explain "accord and satisfaction"
15. Explain the effect of the death of a party
16. Explain the rule of Wadsworth v. St. George
17. Explain the rule of Jacobs v. Kent
18. Explain the rule of Ellenbogen v. Brandes
19. Explain the rule of Syrovy v. Alpine
20. Apply the concepts of this chapter to hypothetical situations
CHAPTER 20 – REMEDIES
1. Explain "breach of contract"
2. Explain "damages"
3. Explain "rescission"
4. Explain "specific performance"
5. Compare and contrast "compensatory, consequential, incidental, and nominal" damages
6. Explain how various types of damages are calculated
7. Explain "liquidated damages"
8. Explain the duty to mitigate
9. Explain "punitive damages"
10. Explain when a "liquidated damages clause" will be enforced
11. Explain "restitution"
12. Explain "reformation"
13. Explain "quasi-contractual recovery"
14. Explain "election of remedies"
15. Explain "waiver of breach"
16. Explain the rule of Hadley v. Baxendale
17. Explain the rule of Partker v. Twentieth Century Fox
18. Explain the rule of AFLAC v. Williams
19. Explain the rule of Racicky v. Simon
20. Apply the concepts of this chapter to hypothetical situations
CHAPTER 21 – SALES CONTRACTS
1. Explain "sale"
2. Explain "goods"
3. Explain "UCC Article 2"
4. Explain the difference between "goods" and "real estate"
5. Explain the application of UCC Art 2 to a combined goods and services contract
6. Explain "merchant"
7. Explain "UCC Art 2A"
8. Explain the UCC’s response to open terms in a contract
9. Explain "requirements contract"
10. Explain "output contract"
11. Explain "firm offer"
12. Explain the "battle of the forms" provision of the UCC
13. Explain modification of an Art 2 contract
14. Explain the "specially manufactured goods" exception to the SOF
15. Explain the UN Convention on CISG
16. Explain "right to cancel"
17. Explain "illusory contract"
18. Explain The "between merchants" exception to the SOF
19. Explain "course of dealing"
20. Explain "usage of trade"
21. Explain "course of performance"
22. Explain "unconscionability" under the UCC
23. Explain the rule of Bryant v. Tri-County
24. Explain the rule of Wilson v. ADM
25. Explain the rule of Heggblade v. Sunshine
26. Explain the rule of Jones v. Star
27. Apply the concepts of this chapter to hypothetical situations
CHAPTER 33 – AGENCY
1. Compare and contrast "principal", "agent" "employee" and "independent contractor"
2. Explain when an employee or independent contractor is an agent
3. Explain the requirements for an agency relationship
4. Explain when an incompetent can be an agent or a principal
5. Explain "apparent authority"
6. Explain "ratification"
7. Explain the various aspects of an agent’s "fiduciary duty" to the principal
8. Explain the various aspects of a principal’s "fiduciary duty to the agent
9. Explain how an agency relationship is created
10. Explain "power of attorney"
11. Explain "durable power of attorney"
12. Explain the rule of Scott v. Massachusetts
13. Explain the rule of Williams v. Inverness
14. Explain the rule of Ramsey v. Gordon
15. Apply the concepts of this chapter to hypothetical situations
CHAPTER 34 – AGENCY II
1. Explain the sources of an agent’s authority to act
2. Explain "express authority"
3. Explain "implied authority"
4. Explain the "equal dignity rule"
5. Compare and contrast "apparent" and "estoppel" authority
6. Compare and contrast "disclosed", "partially disclosed" and "undisclosed" agencies
7. Explain "respondeat superior"
8. Explain "scope of employment"
9. Explain when an employer will be liable for acts of an independent contractor
10. Explain the events that will terminate an agency relationship
11. Explain an agent’s liability in the event of a breach of contract
12. Explain "agency coupled with an interest"
13. Explain the rule of Gravens v. Auto-Owners
14. Explain the rule of Cargill v. Mountain
15. Explain the rule of Fairchild v. Rosston
16. Explain the rule of Joel v. Morrison
17. Explain the rule of Mbank v. Sanchez
18. Apply the concepts of this chapter to hypothetical situations
CHAPTER 37 – BUSINESS ORGANIZATIONS
1. Explain "sole proprietorship"
2. Explain "partnership"
3. Explain "limited partnership"
4. Explain "corporation"
5. Compare and contrast liability in the various business organizations
6. Compare and contrast taxation in the various business organizations
7. Compare and contrast management in the various business organizations
8. Compare and contrast ownership in the various business organizations
9. Compare and contrast creation and duration of the various business organizations
10. Compare and contrast financing of the various business organizations
11. Explain "franchise"
12. Explain the level of control of the franchisor over the franchisee
13. Explain "joint venture"
14. Explain the rule of Fentress v. Triple Mining
15. Explain the rule of Vylene v. Naugles
16. Explain the rule of Bennett v. Domino’s
17. Apply the concepts of this chapter to hypothetical situations
18. Accurately and completely brief court cases as assigned