You can pick a contract to analyze. You must attach a copy of the contract if you use your own. You may also use one of the contracts that I have placed in Modules. If you use one of those that have been provided to you, you do do not need to attach the contract that you are using; just tell me which one you are using.
- Each student is to produce a 4 paragraph paper analyzing the contract. If you are using an executed contract be sure any confidential data has been deleted or blacked out.
- The first paragraph should be a summary of the contract which discusses any features of the contract that were covered in the text. Please note that I said a summary – which means an overview of the contract and not a detailed description.
- In the other three paragraphs you need to discuss and analyze three different clauses in the contract (one per paragraph) and how they relate to the textbook and/or lectures. Be sure to indicate which paragraph in the contract you are discussing, e.g., paragraph 3a. of the contract talks about x, y, and z. Summarizing the clause is not an analysis. Show me that you understand how this clause functions in the “real world”. I want to see that you understand the legal consequences of each clause you are discussing and not just paraphrasing the contract wording. Hypothetical examples are an easy way of showing this. Identify the concept, define it, and analyze it. Each of the three paragraphs should have the same type of analysis, e.g. identify, define, and analyze. As a general rule, a hypothetical works very well in analyzing the term.
- You must also refer by page or chapter to the part(s) of the text. It is not sufficient to say “according to the text” or something similar. Additionally, do not reference other textbooks.
- Do Not Talk About Offer, Acceptance and Consideration. Don’t talk about an express contract. If you are unsure, then ask me via email. Most contracts don’t say, “This is an express contract”. If your contract is in writing IT’S AN EXPRESS CONTRACT! It is probably a bilateral contract as well. You will receive no extra points if you state this. If you use any of these concepts as the legal concept in your analysis and, the legal concept isn’t the subject of that clause, you will receive no points for that clause.