Sample Syllabus #LAP2506 Gordon
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    Sample Syllabus #LAP2506 Gordon Sample Syllabus #LAP2506 Gordon Document Transcript

    • OAKLAND UNIVERSITY PARALEGAL PROGRAM 0902SLK SYLLABUS SUBSTANTIVE LAW – CONTRACTS 2506 Text: Mann, R.A., & Roberts, B.S. (2009). Smith and Roberson’s Business Law (14th ed.). Mason, OH: South-Western. Faculty: Allan Gordon, JD Juris Doctor, MSU College of Law Bachelor of Science, EMU Professional experience as trial attorney in Michigan and Federal Courts since 1973; Past Administrator of mid-size and own law firms; UOP Graduate Law & Ethics Faculty Curriculum Chair 1998-9; Oakland University, Northwood University, and International Academy of Design & Technology instructor of business and legal education courses in Business Law, Auto Law, Contracts, Intellectual Property Management, Employment Law, Litigation and Critical Thinking; Organized and administered free community Legal Aid Program; participated in Detroit Charter Revision Commission; Author of No-Fault Auto Accident Law, (16th ed, 2005) W. Bloomfield, MI: NLI Publishing; Contributing writer- Philo, H.M. (1973). Trial Handbook for Michigan Lawyers. Rochester, NY: Lawyers Co-Op Publishing Co; Freelance writer with articles for Detroit Free Press, newsletters, seminars and legal publications Communication: Allan Gordon, PC Attorney at Law P.O. Box 251363 West Bloomfield, MI 48325-1363 (248) 737-0200 E-Mail: a2gordon@oakland.edu Availability: 9am-5pm Monday-Friday by telephone Meetings by appointment; or before class Schedule: 6:15-8:45pm Wednesdays 12 weeks Objectives/Description: Comprehensive view of contract law and UCC sales, focusing on formation, modification, interpretation, enforcement, discharge, breach, and remedies. Case briefing enhancing reasoning and advocacy skills. Credit Hours: 3 CEU Prerequisites: None Course Requirements: Written and oral presentation assignments, including case briefing, problem solving, oral argument, class participation, outside readings and Final Examination. As facilitation is an integral part of the learning process, it is a factor in grading. Use of law library, MCLA, MCR, Michigan Law & Practice Encyclopedia, Internet search Learning Outcomes: The following competencies should be achieved, providing the ability to apply and possess a fundamental understanding of Contract Law: -Elements= Mutual Assent, Offer, -Agency Acceptance, Consideration, Capacity, -UCC Sales Legality of Object, Some Ks in Writing -Case Briefing -Interpretation, Parol Evidence, -Enhance Reasoning & Statute of Frauds Advocacy Skills -Modification, Assignment, Conditions -Ct Structure -Enforcement, Discharge, Breach, Remedies -Jurisdiction, Venue
    • Assignments: Detailed Outline and Course Schedule: SESSION I: Intro, Overview of Course, Court Structure, Ethics Due Session II A. Description of Course- Ch. 1 p. 3-13 1. Overview of elements of Contract Law Ch. 2 p. 14-24 a. Formation, modification, interpretation, assignment, Ch. 3 p. 43-59 enforcement, breach, remedies, discharge of contracts Ch. 5 p. 90-96 b. UCC Sales Practice doing 2. Briefing Cases model brief p. 12 B. Basic Scheme of Course C. Course Materials 1. Text 2. Briefs 3. Problems 4. Extra Credit Assignments 5. Outside Readings D. Court Structure SESSION II: Intro to Law (Ch 1); Legal Process Due Session III A. Classification of Law Ch. 9 p. 171-178; 1. Substantive and Procedural Law Brief Case p. 180= 2. Public and Private Law K Essentials 3. Civil and Criminal Law B. Common Law & Equity C. Business Ethics (Ch 2) D. Administrative Law (Ch 5) E. Avenues to Shorten Trial Process- Civil Dispute Resolution (Ch 3) F. Jurisdiction and Venue SESSION III: Intro to Contracts (Ch 9) Due Session IV A. Definition of Contract Ch. 10 p. 186-195 1. Promise(s), Act Problem #1 p. 200= 2. Some contracts in writing, or oral, or implied by conduct, or Offers implied by operation of law 3. Quasi Contracts B. Essentials of Contract C. U.C.C. D. Classifications of Contracts 1. Formal and Informal 2. Express and Implied 3. Unilateral and Bilateral 4. Void, Voidable and Unenforceable 5. Executed and Executory SESSION IV: Contracts- Mutual Assent, Offer, Acceptance (Ch 10) Due Session V A. Mutual Assent Ch. 11 p. 204-210 B. Offer Ch. 12 p. 223-231 C. Duration of Offer Ch. 13 p. 241-246 1. Lapse of Time 5. Death or Incompetency Problem #5 p. 219= 2. Revocation 6. Destruction of Subject Matter Representations 3. Rejection 7. Subsequent Illegality Problem #19 p. 255= 4. Counter-Offer Illegal Bargains D. Effectiveness E. Acceptance 1. Definiteness 2. Effective Moment 2
    • SESSION V: Contracts- Conduct Invalidating Assent, Consideration, Illegal Bargains Due Session VI A. Consent to a contract not effective when not knowingly and Ch. 14 p. 256-260 voluntarily given (Ch 11) Ch. 15 p. 271-283 1. Duress Ch. 16 p. 295-302 2. Undue influence Problem #3 p. 268= 3. Fraud Minority Transfer 4. Misrepresentation Problem #1 p. 309= 5. Mistake Assignments B. Consideration (Ch 12) 1. Legal sufficiency- something of value 2. Bargained for exchange C. Illegal Bargains (Ch 13) 1. Statutory violations 2. Violations of public policy SESSION VI: Contracts- Capacity (Ch 14), Contracts in Writing, Rights of Third Parties Due Session VII A. Minors’ Liability Ch. 17 p. 313-320 B. Incompetent Persons Ch. 18 p. 329-337 C. Intoxicated Persons Brief Case p. 322= D. Contracts in Writing- Statute of Frauds (Ch 15) Material Breach E. Parol Evidence Rule F. Rights of Third Parties (Ch 16) G. Third Party Beneficiary Contracts SESSION VII: Contracts- Conditions, Discharge, Remedies Due Session VIII A. Conditions (Ch 17) Ch. 19 p. 351-362 1. Express, implied in fact, or implied in law Ch. 20 p. 373-387 2. Concurrent, precedent, subsequent Brief Case p. 366= B. Discharge (Ch 17) Fiduciary Duty 1. by Performance 2. by Breach 3, by Agreement of the Parties 4. by Operation of Law C. Remedies (Ch 18) 1. Monetary Damages a. Compensatory, Incidental, Consequential b. Punitive c. Liquidated d. Mitigation of Damages 2. Remedies in Equity a. Specific Performance b. Injunctions SESSION VIII: Contract Liability in Agency Relationships (Ch 19) Due Session IX A. What is Agency? Oral Arguments B. Employer/Employee and Independent Contractors Brief Cases= C. Creation of Agency Covering Material to D. Duties of Agent to Principal date p. 197 E. Duties of Principal to Agent Case Handouts F. Termination of Agency G. Contractual Liability of Principal to Third Parties (Ch 20) H. Contractual Liability of Agent and Third Parties (Ch 20) 3
    • SESSION IX: Oral Arguments of Contract Case Briefs Due Session X A. Oral Arguments of Contract Case Briefs Ch. 21 p. 399-412 B. Brief and Contract Questions Appendix B p. [10-31] Ch. 22 p. 422-433 SESSION X: Sales (Ch 21), Performance (Ch 22), and Completion of Oral Arguments Due Session XI A. Intro to Sales Ch. 23 p. 443-452 B. UCC Sales (Appendix B) Ch. 24 p. 461-476 C. CISG- UN Convention on Contracts for International Sale of Goods Ch. 25 p. 488-500 D. Performance of a Contract for the Sale of Goods E. Completion of Oral Arguments of Contract Case Briefs SESSION XI: Sales, Remedies, Contracts in Review Due Session XII A. Transfer of Title (Ch 23) Study for Final Exam B. Risk of Loss (Ch 23) C. Product Liability: Warranty and Strict Liability (Ch 24) D. Sellers and Buyers Remedies for Breach (Ch 25) E. Contract Provisions to Limit Remedies F. Contracts in Review: Elements, Discharge, Performance, Breach, Remedies SESSION XII: Course Summation and EXAM A. Review any Remaining Material B. Answer Questions C. Course Evaluations D. FINAL EXAM NOTE: ASSIGNMENT SCHEDULE IS SUBJECT TO CHANGE Grading: Written Assignments & Presentations 50% Oral Arguments 10% Final Exam 40% Class Participation ___*_ 100%* *-Above ratings could be affected, as course grade may be adjusted one level, based on class participation, final exam score, extra credit and late assignments. -A .5 is added to the total points for each Extra Credit. -Late assignments are marked down .25 for each week late. -All assignments must be satisfactorily completed for course credit. 3.6 to 4.0= A 92-100= 4.0 80-85= 3.0 68-69= 1.8 3.0 to 3.5= B 90-91= 3.8 78-79= 2.8 66-67= 1.5 2.0 to 2.9= C 88-89= 3.5 76-77= 2.5 60-65= 1.0 1.0 to 1.9= D 86-87= 3.3 70-75= 2.0 0-59= 0.0 0.0 to 0.9= No credit/CEU Academic Honesty: Plagiarism is a serious academic offense that will not be tolerated and may result in failure for individual projects, course failure, and/or University dismissal. Submit work that represents your original words or ideas. Using another’s work or idea without acknowledgement or permission, or cheating in any form, is a serious violation. For the 4
    • Academic Conduct Policy see www.sba.oakland.edu/ce/paralegal Course Standards: Attendance is a factor in awarding CEUs with 2 absences allowed per course. It is the responsibility of each student to be prepared for each session. As facilitation is an integral part of the learning process and a factor in grading, it is required that students actively involve themselves in class discussions. Missing class or being late will affect the Class Participation portion of a grade. All assignments must be submitted on their due date. All documents are to be computer generated, 8½ x 11, 12pt type, stapled in the upper left-hand corner, and comply with University standards. Students are responsible for arranging with a classmate to obtain missed notes, materials, and/or assignments. No cell phone use in the classroom. Set all phones to vibrate, and leave the class if necessary to use the phone. 5