Defenses to formation assume the existence of a contract - that is, they assume that the elements of offer, acceptance, and consideration are satisfied - but allow for the contract not to be...
Contracts Videos
Defenses to Breach
Defenses to breach (also referred to as excuses to breach) assume the existence of an enforceable contract, and a breach of contract. Defenses to breach allow a breaching party to essentially get...
Third Party Beneficiaries, Assignments, and Delegations
Contracts involving third parties (intended beneficiaries, third parties to whom a right has been assigned, and third parties to whom a duty has been delegated) can cause confusion by injecting...
UCC 2-207
Section 2-207 of the Uniform Commercial Code is the UCC exception to the common law mirror image rule. Under the mirror image rule, a response to an offer that modifies the offeror's terms, or adds...
Statute of Frauds
This video covers the common law and UCC rules for the statute of frauds, as well as all applicable exceptions. The slides are also posted below. Video: https://vimeo.com/684473879 Video Slides:...
Governing Law
The first issue you must address in every contract law analysis is whether the transaction at issue is governed by Article 2 of the Uniform Commercial Code (which governs contracts for the sale of...