Contracts
Nail Contracts problem questions.
In Contracts the doctrines are learnable, and most students learn them. Technique largely decides results: working through formation, terms and breach in a disciplined order. These pages provide that order.
The challenge
Where students get stuck
Contracts problems raise many doctrines at once: offer and acceptance, consideration, intention and certainty, then the terms, including express and implied terms, conditions, warranties and intermediate terms, then breach, discharge and frustration. Common errors are asserting that a contract was formed without establishing each element, misclassifying the status of a term, and allowing the issues to run together. Estoppel and misrepresentation add further matters that need to be argued separately.
How the method applies here
One structure runs from formation to remedies: the rule with its authority, each element applied to the facts, then a conclusion. Contracts mixes strict element tests with classification questions, and the first job in any problem is telling which one you are in.
The method
One method, every problem
Four steps run every argument: name the issue, state the rule, apply it to the facts, conclude. Almost every legal rule takes one of six shapes. Any of these six shapes may carry a twist. Learn the six shapes and the twist →
Common questions
Contracts: common questions
Will this cover formation through to remedies?
Yes. Formation, terms, breach, discharge and frustration, and how it flows into damages.
My answers jump to conclusions. What fixes that?
Proving each element on the facts instead of asserting that a contract exists.
Related subjects: Torts, Remedies, Equity & Trusts. See all subjects.
Nail Contracts.
I am building the guides and worked problems for this subject and will announce them in the Publication as they land.