CONTRACTS
Professor Jim Hawkins
Fall 2014
Course Description
Not all promises are legally enforceable. This course studies what separates enforceable
promises from unenforceable ones. Our study will be broken into three major groups of
questions:
(1) Is there an enforceable promise and what does it mean? We will look at how to make
enforceable promisesi.e., the requirements for forming contractual relationships,
including offer, acceptance, and consideration. After a contract is formed, issues arise
regarding what the contract means, so we will examine how courts interpret contracts.
(2) Did the parties perform according to the contract? If a party breached, does it have
any defenses to the breach? Sometimes parties do not live up to their promises either by
not performing at all or by performing defectively. We will look at what parties must do
to perform and what defenses parties can assert when they fail to perform properly.
(3) What are the remedies for a breached contract? We will explore what a party can get
when the other side of a contract fails to fulfill its promises.
The objectives of the course are for you to learn the rules and doctrines of the law of
contracts; for you to understand the ethical and professional issues that arise in
connection with contracts; and for you to be able to integrate the information you learn in
this class with other practical and analytical skills necessary to the practice of law.
Course Material
The two required texts for this course are:
Farnsworth, Young, Sanger, Cohen, Brooks and Garvin, Contracts: Cases and Materials
(8th ed. 2013)
Farnsworth, Young, Sanger, Cohen, Brooks and Garvin, Selections for Contracts 2013
Attendance
The Law Center requires students to attend at least 80% of the scheduled classes.
Students who do not attend 80% of the classes can be automatically dropped from the
course. I will keep track of attendance by passing around a sign-in sheet after class starts.
It is an Honor Code violation to sign in for another student.
If a class has to be rescheduled, I will notify you as soon as possible and schedule a
makeup class at a time during which you do not have any other classes.
Grading
Your grade will be based on a final examination consisting of multiple choice and essay
questions. You may use any written materials you would like during the examination.
The final examination will take place December 15, 2014 from 9:00 am to 1:00 pm.
Class participation will also be part of determining your grade and is important to
learning the material. I will call on students randomly each day to discuss the assigned
material. If you are in class but unprepared on two occasions that I call on you, I will
lower your grade by one step (e.g., from a B to a B-).
Contact Information/Office Hours
Office: Bates Law Building #130
Office Hours: Monday noon 1:00pm
Tuesday noon 1:00pm
Wednesday noon 1:00pm
Telephone: 713-743-5018
E-mail: jrhawkins@uh.edu
Please feel free to stop by my office during office hours or anytime, to e-mail me, or to
set an appointment in order to discuss the class material or anything else of interest to
you.
Accommodation of Disabilities
The University of Houston Law Center strives to assure equal access and full
participation by people with disabilities. If you require services because of a disability,
you may notify Sharon Nellums-Goosby, Academic Records Coordinator in the Office of
Student Services, in person in room 44A TU II, by e-mail at SNellums@central.uh.edu,
or by phone at 713-743-2187. This voluntary self-identification allows the University to
prepare any necessary and appropriate support services to facilitate your learning.
Any requests for exam accommodations should be directed to Linda Lee at
LLee@central.uh.edu or 713-743-1751 and should be made as soon as possible to allow
adequate time to document and process the request.
Assignments
The following is the first set of reading assignments. I will provide subsequent
assignment lists in class. Please read all the notes and complete all the problems
following the cases and the texts unless the assignment states otherwise.
I . I ntroduction
Assignment 1: 1-2; Hawkins (2)
Assignment 2: Bayliner (4); 8-10; UNSI (10); 14-15; 21-24 (omit note 1)
Assignment 3: Sullivan (15); 27-31
I I . Contract Formation
A. Consideration and Alternatives to Consideration
Assignment 4: 31-35; Hamer (35); 42; Dyer (43)
Assignment 5: Feinberg (48); Kirksey (58); 61; Lake Land (62); 68-70
Assignment 6: 71-73; Strong (73) (omit note 3 and problem); 76; Mattei (76)
Assignment 7: 80-81; Zoltek (81); UCC 2-306 and comments; Wood (86); 90-92
Assignment 8: Ricketts (92); 95-97; Feinberg (97); 99-100; 112-113; Cotnam (114)
(omit notes); Callano (117); Pyeatte (121)
B. Offer, Acceptance, and Termination of Power to Accept
Assignment 9: 125-126; Lucy (126); 140 (starting with The Offer)-141; Owen (142);
Fairmount Glass Works (145)
Assignment 10: 148; Lefkowitz (148); Kastorff (read entire handout)
Assignment 11: 156-157; International Filter (157); 166-167; Allied Steel (167); 170;
Corinthian Pharmaceutical Systems (170); 175-177
Assignment 12: 177-181; Dickinson (181); 184-187
Assignment 13: 187-188; Drennan (188); 194-97; Wilson (197)
Assignment 14: 199-206; Dorton (206); C. Itoh (210); 212-213; 217; Northrop (218)
C. Precontractual Liability
Assignment 15: 234-236; Hoffman (236); 252; Grossman (252)
I I I . Contract I nterpretation
(forthcoming)
I V. Remedies
(forthcoming)
V. Performance
(forthcoming)
VI . Defenses to Breach
(forthcoming)
