Contracts I Analysis Process

Overview

Here is a link to an interpretation of the Restatements and UCC.

This semester we have covered three overarching topics:

1. How to determine whether the elements of a contract has been met.
2. What to do when the elements of a contract has not been met but we want to enforce it anyways.
3. Whether a contract meets the Statute of Frauds requirements and how to enforce those agreements.

Problem Analysis

So, to answer most questions correctly simply ask yourself the following questions:

1. Is the problem presented have the elements of a contract?
   • Use the material from the first half of the semester to answer this question.
   • If so, move to step 3 Statute of Frauds analysis.
2. If not, is there a reason why we would want to enforce it anyways?
   • Lacking bargained for exchange (consideration): was there reasonable reliance on a promise causing detriment to the promisee (promissory estoppel)?
   • Lacking an acceptance, was there an option?
   • Did one party receive a benefit without providing anything in return (or even promising to provide something in return)? See restitution.
3. Statute of Frauds analysis:
   1. Does the type of contract fall under the statute of frauds?
      • For goods, see UCC §2-201
      • Otherwise, see Restatements §110
   2. If so, does the contract meet the requirements of the statute of frauds?
      • Sufficient writing?
   3. If not, is there an exception to the rule?
      • For goods, see UCC §2-201(3)(a-c).
      • Supplement with Restatements §129-139.
        • Promissory estoppel
        • Performance
        • Etc.

Here is an oversimplified visual representation of the process above.

Previous Process

The contents of this power outline include:

1. Outline for test question responses
2. Steps to finding the appropriate rules
3. Interpretation for Restatements and U.C.C.

Testing Well

Follow IRAC (Issue, Rule, Application, Conclusion)

• Introduction – State the issue and present a brief conclusion
• State the applicable rule – Walk through your steps to find the applicable rule, state the rules, describe the rules work.
• Application – Apply the rules to the relevant facts of your hypothetical. Most time will be spent here.
• Conclude

Steps to Find the Rules

1. Ask, is this a good?
   • If so, then the jurisdiction is going to be the UCC.
   • If not, turn to the restatements.
2. Determine the principle at play
   • i.e. Question about acceptance, consideration, options, agents, etc.
3. Find the principle in the appropriate jurisdiction. Reference those numbers on the test.

Answer throughly but be concise.

Disclaimer

The content contained in this article may contain inaccuracies and is not intended to reflect the opinions, views, beliefs, or practices of any academic professor or publication. Instead, this content is a reflection on the author’s understanding of the law and legal practices.