LAW C164: Contract Law
Item | Value |
---|---|
Curriculum Committee Approval Date | 04/18/2008 |
Top Code | 140200 - Paralegal |
Units | 3 Total Units |
Hours | 54 Total Hours (Lecture Hours 54) |
Total Outside of Class Hours | 0 |
Course Credit Status | Credit: Degree Applicable (D) |
Material Fee | No |
Basic Skills | Not Basic Skills (N) |
Repeatable | No |
Open Entry/Open Exit | No |
Grading Policy | Standard Letter (S),
|
Course Description
The substantive and procedural law of contracts [transactional and litigation] in a study and instruction developed for paralegals. ADVISORY: LAW C100 and LAW C128. Transfer Credit: CSU.
Course Level Student Learning Outcome(s)
- Apply substantive general contract law and the parts of the Uniform Commercial Code applicable to transactions in goods given specific fact situations.
- Analyze and evaluate appropriate elements of contract law in given client transactional matters.
- Analyze and compare written and oral contracts given specific examples and propose appropriate remedies for a given breach of contract.
- Apply understanding of breach-of-contract litigation issues, including rules governing interpretation of contracts, remedies, and related causes of action in preparation of specified litigation documents.
Course Objectives
- 1. Identify the basic requirements to form a valid contract.
- 2. Explain the concept of offer and acceptance.
- 3. Define "consideration" as it relates to contract formation.
- 4. Classify contracts into bilateral or unilateral agreements.
- 5. Explain the difference between an executory and executed contract.
- 6. Differentiate between valid, void, voidable, and unenforceable contracts.
- 7. Define the requirement of "contractual capacity."
- 8. Determine what constitutes an "offer."
- 9. List the four requirements of a valid offer.
- 10. Explain the meaning of an "output contract."
- 11. Describe the basic concepts of the Uniform Commercial Code (UCC).
- 12. Define the term "acceptance" as it relates to contract formation.
- 13. Explain the mirror-image rule.
- 14. Describe the effect rejection has on an offer.
- 15. Describe the concept of "revocation of acceptance."
- 16. Illustrate the concept of mutuality of consideration.
- 17. Differentiate between a benefit conferred and detriment incurred.
- 18. Explain the preexisting duty rule.
- 19. Discuss the concept of "accord and satisfaction."
- 20. Illustrate an example of promissory estoppel.
- 21. Compare and contrast the concepts of malum in se and malum prohibitum.
- 22. Explain the doctrine of the Statute of Frauds.
- 23. Explain the concept of contractual capacity including how it relates to minors, alcohol, and drugs.
- 24. Define the meaning of contractual intent.
- 25. Compare and contrast the defenses of fraud, duress, undue influence, and adhesion.
- 26. Explain the difference between a condition precedent, condition concurrent, and condition subsequent.
- 27. Compare and contrast express, implied in fact, and implied in law conditions.
- 28. Explain the Parole Evidence Rule.
- 29. List and explain the different third party contracts.
- 30. Define what is meant by contractual assignment.
- 31. Describe the effect of voluntary discharge and anticipatory breach on a contract.
- 32. Differentiate between legal and equitable remedies.
- 33. Explain the concept of specific performance and when it may be utilized.
- 34. Describe the effect of rescission and restitution on a contract.
- 35. Explain what is meant by a "quasi contract" and the remedies available.
Lecture Content
Contract Law Introduction to general contract law (3.5 hours) Contract Requirements Offer Acceptance Consideration Legality Capacity Intent Classification Bilateral Unilateral Creation Express Implied Quasi Type Formal Informal Timing Executory Executed Enforceability Valid Void Voidable Unenforceable Offer (3.5 hours) Defined Essential Terms Price Subject Matter Parties Time Acceptance (3.5 hours) Defined Who Method Bilateral Unilateral Termination of Ability Rejection Revocation Operation of Law Consideration (3.5 hours) Defined Benefit Detriment Sufficiency Promissory Estoppel Accord and Satisfaction Legality Capacity (3.5 hours) Malum in Se Malum Prohibitum Age Mental Capacity Alcohol Drugs Contractual Intent (3.5 hours) Defined Fraud Duress Mistake Adhesion Contract Provisions (3.5 hours) Statute of Frauds Covenants Conditions Rules of Construction Parole Evidence Uniform Commercial Code (3.5 hours) Article I Article II Article IX Third Party Contracts (3.5 hours) Third Party Beneficia ry Third Party Creditor Third Party Donee Assignment Delegation Discharge of Obligations (3.5 hours) Methods Excuse Performance Breach Agreement Impossibility Supervening Illegality Death of Party Frustration of Purpose Remedies (3.5 hours) Legal Remedies Equitable Remedies Arbitration Provisions Drafting Simple Contracts (3.5 hours) Clauses Proving Terms Working as a Paralegal in Contract Law (3.5 hours) Ethical Considerations Examinations (6 hours)
Method(s) of Instruction
- Lecture (02)
- DE Live Online Lecture (02S)
- DE Online Lecture (02X)
Instructional Techniques
Multiple methods of instruction will be used to enhance student understanding of the paralegal profession. Lectures, discussions, forums, interactive activities, and group projects will be utilized to facilitate the learning process. This class requires the use of various methods of audio visuals such as PowerPoint presentations, audio, and video.
Reading Assignments
Students will read from the course textbook as well as any other primary and/or secondary readings assigned by the instructor.
Writing Assignments
Students will be required to complete written homework assignments, prepare a contract, analyze a written conrtract, write essays on the exams, and/or prepare a project discussing a topic related to contract law as assigned by the instructor.
Out-of-class Assignments
Outside of the classroom students will complete the required readings; work on assigned papers, reports, and projects; study for tests; conduct research; and communicate with the instructor and/or fellow students through telephone, email, discussion boards, or virtual chat.
Demonstration of Critical Thinking
Critical thinking will be demonstrated through written assignments, essays on exams, papers, and projects.
Required Writing, Problem Solving, Skills Demonstration
Analysis of contract law to specific fact situations in oral and written assignments.
Eligible Disciplines
Law: J.D. or LL.B NOTE: Courses in aspects of law for application to a particular discipline may be classified, for minimum qualifications purposes in the discipline of the application. Master's degree required.
Textbooks Resources
1. Required Helewitz, J.A. Basic Contract Law for Paralegals, 8th ed. Wolters Kluwer, 2015 Rationale: - Legacy Textbook Transfer Data: Legacy text
Other Resources
1. A similar text agreed to by the instructor and the paralegal studies department. 2. Coastline Library