CONTRACTS - LGLA 1351
I. Course Description: This course presents fundamental concepts of issue identification and contract law with emphasis on the paralegal's role. Topics include business organizations, case briefing, and formation, performance, and enforcement of contracts under the common law and the Uniform Commercial Code. The student will develop the knowledge and skills indicated by the Learning Outcomes for the course.
II.
Required/Recommended Texts:
A. Required Purchase: (1)
Clarkson, Miller, Jentz & Cross West's Business Law (8th)
B. Recommended: (1) Black's Law
Dictionary
III.
SCANs Competencies:
The SCANs Competencies that will be developed
in this Course are listed on
IV.
Instructional Methodology:
This course will be taught via a
combined lecture and Socratic method format.
Students will be expected to have absorbed the assigned material prior
to class, and to be able to respond to questions on the assigned material. In addition, students will brief court cases
as assigned and will be prepared to recite on those cases.
V.
Course Rationale:
This course is designed to provide
the student with an understanding of the common and statutory law governing
contract formation. The Course is also
designed to develop the student’s issue identification skills.
VI.
Course Outcomes:
The Student Learning Outcomes for this
course are listed on Attachment B.
VII.
Course Evaluation System:
a. There will be two midterm exams and a
comprehensive final examination, which will be
weighted as follows:
(1) Midterms --- 100 points
each
(2) Final --- 150 points b. Total course points will be computed as
follows:
(1)
Examinations --------------------------- 350 points
(2)
Class
participation and assignments- 150
points TOTAL
POINTS 500 POINTS
c. The final letter grade in the course
will be based upon the percentage of total available points received, as follows:
A - 90-100%
B - 80-89%
C - 70-79%
D - 60-69%
F - 0-59%
d. One make-up OR re-take of a midterm
exam only, will be allowed in the course.
Make-up and re-take exams will be taken at the instructor's office
between 7am and 4pm during the week before finals week. Students should
schedule their exams with the instructor during the previous week. Re-take
exams will be averaged with the original exam; however, the recorded score will
not exceed 75 points.
VIII. Course Policies:
a.
Preparation
for Class
The student will be expected to have read and
absorbed all of the material assigned for a particular class session and to
have fully briefed each case in the assigned material as well as any cases
handed out by the instructor. The student will also be expected to have read
each question at the end of the assigned chapter and made notes as to the
answer to the question. Textbooks will remain closed during class except when
answering the end-of-chapter questions. The student may produce and bring their
own written or typed notes on the chapter material (originals only ... no
photocopies) for reference when being questioned by the instructor (highly
recommended). No photocopies of pages in the text will be allowed in class.
b.
Class
Participation Points
During each class, the instructor will be
evaluating the quality of the student’s responses. At the end of the semester, the student will be given either an
“A,” “B,” or “C” as a preliminary class participation grade. In addition, each student has available, one
absence and one “unprepared” without the loss of class participation points. Absences and unprepared announcements over
the number allowed will be totaled together.
The first excess Absence or “unprepared” will cost 5 points; the second
10 points; the third 15 points; the fourth 20 points; etc. Thus four excess absence and unprepared
marks will cost the student a total of 50 class participation points deducted
from the preliminary class participation grade.
c.
Unprepared
Announcements
The instructor should be informed during the
first few minutes of class if a student is "unprepared" for that
class. Students will be allowed one announcement of "unprepared"
during the course. Additional "unprepared" announcements or any
non-responses will result in the loss of class participation points. A
non-response is a failure to respond to a question, or a response that indicates
that the student is unprepared or poorly prepared for the class. Non-responses
when a student has failed to announce "unprepared" will be treated as
two "unprepared" announcements
d. Attendance.
One absence will be allowed. Any additional
absences will result in the loss of Class
Participation Points. Arrival in class more than
15 minutes after the beginning of class or leaving class more than 15 minutes
before the end of class will be treated as a "one-half absence."
e. Withdrawal.
Excessive absences may eventually result in the
student being withdrawn from the course. Do not, however, assume that absences
will automatically result in a withdrawal. Excessive absences may simply result
in a letter grade "F" at the end of the course. If the student wishes to withdraw from the
course, the student must go to an Admissions Office and fill out a Withdrawal
Form.
f. Incomplete
An “Incomplete” will not be granted in this
course unless the student has a grade of “C” or better on the first two exams,
and a demonstrable emergency.
g. Scholastic Dishonesty
Acts prohibited by the college for which
discipline may be administered include scholastic dishonesty, including but not
limited to cheating on an exam or quiz, plagiarizing, and unauthorized
collaboration with another in preparing outside work. Academic work submitted by students shall be the result of their
thought, research or self-expression.
Academic work is defined as, but not limited to tests, quizzes, whether
taken electronically or on paper;
projects, either individual or group, classroom presentation, and homework.
h. Academic Freedom
Each student
is expected to participate in class. In any classroom situation that includes
discussion and critical thinking, there are bound to be differing viewpoints.
Students may not only disagree with each other on occasion, but the students
and instructor may also find that they have disparate views. It is expected
that these differences will enhance the class and create an atmosphere where
students and instructor alike will be encouraged to think and learn.
Accordingly, rest assured that no student’s grade will be adversely affected by
any beliefs or ideas expressed in class.
i. Student Discipline
In the event, a student acts in such a way as to significantly interfere with or disrupt the learning atmosphere of the classroom, the instructor may direct the student to leave the class and may take other measures as appropriate. See the ACC Student Handbook either in hardcopy or on the web: http://www3.austin.cc.tx.us/evpcss/handbk/toc.htm
j. Office of Students with
Disabilities
Each ACC campus offers support services for
students with documented physical or psychological disabilities. Students with disabilities must request
reasonable accommodations through the Office for Student with Disabilities on
the campus where they expect to take the majority of their classes. Students are encouraged to do this three
weeks before the start of the semester.
k.
Course
Calendar
The Course Calendar is a separate document that
you will have received along with this syllabus.
l.
Testing
Center
General use of the testing center is not
available to students in this course; however, should you have occasion to use
an ACC testing center, be sure to first review the Testing Center Guidelines
available either in the testing center or on the web under “Students” at:
http://www2.austin.cc.tx.us/testctr/
m.
Student
Services Handout
A Student Services Handout is available at:
http://www3.austin.cc.tx.us/evpcss/rss/Default.htm
n.
Instructional
Services Handout
An Instructional Services Handout is attached
for your review
CONTRACTS – LGLA 1351
SCANS Competencies
Students in this Course
will be expected to use or achieve the following Competencies
Resources
1.l. Allocates Time: Allocates time
between coursework/work/family/friends.
Interpersonal
2.1. Participates as a Member of a Team:
Works cooperatively with others on joint assignments.
2.2. Teaches Others: Explains concepts in
class.
2.5. Negotiates: Works toward an
agreement on the validity of exam questions.
2.6.
Works with Cultural Diversity: Works well with men and women and with a
variety of ethnic, social, or educational backgrounds in the context of the
class..
Information
3.1.
Acquires and Evaluates Information: Extracts crucial legal issues from
court cases.
3.2.
Organizes and Maintains Information: Takes notes on assigned material
for use in class.
3.3.
Interprets and Communicates Information: Evaluates assigned material and
explains it to the class.
3.4.
Uses Computers to Process Information: Employs computers to process
course notes and to obtain, analyze and brief court cases.
Technology
5.2.
Applies Technology to Task: Understands the overall intent and the
proper procedures for setting up and using computers and their programs.
Basic
Skills
6.1. Reading: Locates, understands, and
interprets written information in the
text and assigned court cases.
6.2. Writing: Communicates thoughts,
ideas, information, and messages effectively in writing.
6.5. Listening: Receives, attends to,
interprets, and responds to verbal messages during class lectures and
discussions.
6.6. Speaking: Organizes ideas and
effectively communicates thoughts when being quesitoned in class and during
class discussions.
Thinking
Skills
7.1. Creative Thinking: Uses imagination
freely, combines ideas in new ways, when discussing hypothetical problems..
7.2. Decision Making: Chooses the best
alternative in multiple choice questions.
7.3. Problem Solving: Recognizes that
problems in hypothetical situations and identifies possible solutions.
7.5. Knowing How to Learn: Finds the important
information in class discussions and texts and consolidates the information
into a useable format.
7.6. Reasoning: Identifies the crucial
issue in a court case and recognizes the potential application of the rule in
the case to other cases with similar facts and circumstances.
Personal
Qualities
8.1. Responsibility. Exerts a high level of
effort and perseverance in effectively preparing for class and class
discussions.
8.4. Self-Management: Motivates self
through goal achievement; exhibits self-control and responds to feedback
unemotionally and non-defensively, is a "self-starter."
8.5. Integrity/Honesty: Can be trusted to
accomplish her/his own work without excessive involvement of other students.
CONTRACTS (LGLA 1351) LEARNING OUTCOMES
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 rules of the cases assigned for briefing
22. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 10 – 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 rules of the cases assigned for briefing
17. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 11 – 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 rules of the cases assigned for briefing
20. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 12 – 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 rules of the cases assigned for briefing
29. Apply the concepts of this chapter to hypothetical situations
CHAPTER 13 – CAPACITY/LEGALITY
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. Identify the types of illegal contracts
15. Explain the enforceability of gambling debts
16. Explain “Sunday laws”
17. Explain the enforceability of contracts entered into
in violation of licensing statutes
18. Explain the enforceability of restrictive covenants
and covenants not to compete
19. Explain the enforceability of “adhesion contracts”
20. Explain the enforceability of “exculpatory clauses”
21. Explain the rules of the cases assigned for briefing
22. Apply the concepts of this chapter to hypothetical situations
CHAPTER 14 – 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 rules of the cases assigned for briefing
15. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 15 – STATUTE OF FRAUDS/PAROL
EVIDENCE
1. Explain the general rule of the Statue of Frauds
2. Explain the SOF rule involving marriage
3. Explain the SOF rule involving a year
4. Explain the SOF rule involving land
5. Explain the SOF rule involving estates
6. Explain the SOF rule involving goods
7. Explain the SOF rule involving collateral or surety
promises
8. Explain what will satisfy the writing requirement of
the SOF
9. Explain the exceptions to the Statute of Frauds
10. Explain the Parol Evidence Rule
11. Explain the exceptions to the Parol Evidence Rule
12. Explain “integration”
13. Explain the “plain meaning rule”
14. Explain the general rules of interpretation of
contracts
15. Explain the rules of the cases assigned for briefing
16. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 16 – 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 rules of the cases assigned for briefing
13. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 17 – 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 Jacobs v. Kent
17. Explain the rules of the cases assigned for briefing
18. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 18 – 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 rules of the cases assigned for briefing
17. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 19 – 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 rules of the cases assigned for briefing
24. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 31 – 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 rules of the cases assigned for briefing
13. Apply the concepts of this chapter to hypothetical
situations
CHAPTER 32 – 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 rules of the cases assigned for briefing
14. Apply the concepts of this chapter to hypothetical situations
CHAPTER 33 – SOLE PROPS/PARTNERSHIPS
1. Explain “sole proprietorship”
2. Explain “partnership”
3. Explain partnership formation
4. Explain “partner’s rights”
5. Explain “partner’s duties”
6. Explain “partner’s liabilities”
7. Explain “partnership termination”
8. Explain the rules of the cases assigned for briefing
9. Apply the concepts of this chapter to hypothetical
situations
10. Accurately and completely brief court cases as
assigned
CHAPTER 34 – CORPORATIONS
1. Explain the “nature of a corporation”
2. Explain “corporate powers”
3. Explain the various classifications of corporations
4. Explain corporate formation
5. Explain when the corporate entity may be disregarded
6. Explain corporate financing
7. Explain rules of the cases assigned for briefing
8. Apply the concepts of this chapter to hypothetical
situations
9. Accurately and completely brief court cases as
assigned