1L - First Year Lesson Topics

In this lesson you will learn how to calculate damages when the Buyer does not deliver goods or repudiates the contract. First, the author reminds you about the concept of common law mitigation/expectation rule and then contrasts the results with the UCC provisions in this matter.

This lesson is part of a series of lessons that examines contract remedies. It discusses a breach by the buyer. The author deals with problems of measuring damages when the seller does resell the goods (UCC § 2-706), as well as when the goods are not resold (UCC § 2-708(1)).

This lesson is part of a series that examines contract remedies. It covers the situation when the Buyer caused the breach and the UCC § 2-706 and § 2-708(1) are not the right measure of the seller's damages.

For better understanding, you should run this lesson after you complete the lesson Contract Tutorials on Remedies - UCC Damage Rules for Buyers.

This lesson is part of a series that deal with contracts remedies. While proving the damages, a plaintiff has to prove damages with "reasonable certainty." This lesson explores that principle. The author discusses main concepts that explain the term "reasonable certainty" (the "new business rule", "traditional rule" and "current rule"). Examples of liberalization of the proof requirements for damages in the UCC and in the area of "psychic losses" are also covered.

Reliance damages put the non-breaching party back in the same position the party was in before the contract was made. In this lesson, you will explore the distinction between reliance and expectation damages. Both concepts are illustrated by case law.

This lesson explains the concept of liquidated damages. A liquidated damages clause in a contract states what damages the breacher will owe the non-breacher in the event of breach. You will have a chance to familiarize yourself with some sample clauses.

This lesson examines specific performance as a remedy ordered by the court when the money damages will not be adequate.

This lesson discusses cost of completion as a remedy that is awarded when there is work still to be completed under a contract, or when the work called for under the contract was completed improperly. The author explains the relationship between expectation damages and cost of completion remedy.

The lesson addresses the concept of restitution as a remedy alternative to the expectation measure. The author discusses the elements that one has to prove to be awarded restitution. Next, the differences between reliance and restitution are explained.

The lesson begins with explanations of the terms substantial performance and substantial breach, followed by examples of each. The next section discusses factors listed in the Restatement that are taken into consideration when determining whether there has been a substantial breach.

This lesson explains the concept of excuse of performance by referring to K & G Construction Co. v. Harris. The author discusses factors that are taken into consideration when determining whether a breach was substantial and illustrates them in analysis of Walker & Co. v. Harrison.

In this lesson the concept of foreseeability is illustrated by studying Hadley v. Baxendale. The author explains the meaning of the term "reasonably foreseeable" and presents multiple examples. The lesson ends with a several review questions on this subject.

Professor Scott Burnham discusses unconscionability, the Williams v. Walker-Thomas case, and reasonable expectations. This podcast is a perfect supplement to Professor Burnham's Unjust Terms (Unconscionability) CALI tutorial.

This lesson gives the student familiarity with contributory negligence, a defense to a negligence claim, and also with last clear chance, a "defense" to the defense. While these doctrines today are on the wane, students should be generally familiar with them for a full understanding of negligence and comparative negligence.

This lesson explores the cause of action of conversion as a means of compensation for intentional interferences with personal property. It will examine the several components of interest, invasion, conduct and remedy as the conceptual vehicles for study. Each section of the lesson will focus on one of these components, present the theory, and then give the student an opportunity to apply the theory or explore some of its ramifications.

This lesson gives the basics of copyright and trademark research, including historical background, statutes, regulations, cases, secondary sources, international materials, and current awareness tools.

This lesson explores the issue of whether, in computing the expectation remedy, the court will award the cost of completion or the diminution in value. The lesson can be run either as an introduction to this aspect of damages or as a review after you have completed your study.

We are all aware of the perils of poor electronic legal research skills. And, we have all heard of ways the misuse of electronic legal resources has challenged those engaged in legal practice. Though Westlaw® and Lexis® provide us with sophisticated functionality that can ease the pain of legal research, these systems do not necessarily provide the most cost efficient means of conducting research.

This lesson explains the different types of counterarguments and shows you how to best integrate them into your analysis.

This lesson is designed to teach a student about the various types of covenants of title in deeds and the different types of deeds arising from the covenants they contain. Students who are unfamiliar with real covenants are advised to review the CALI lessons related to real covenants before trying this lesson.

This tutorial is the first in a series of interactive tutorials written to assist the beginning student with a basic introduction to analyzing real covenants, equitable servitudes and similar use restrictions applied to real property. Once the student successfully completes the current lesson, he or she may later use the series of questions throughout this lesson as a preliminary review for a final examination.

This is the second in a series of lessons. To get the maximum benefit students should first complete the lesson on Covenants and Equitable Servitudes: Creation.

This is the third in a series of lessons. To get the maximum benefit students should complete the following lessons in order: Covenants, Equitable Servitudes and Restrictions: Creation and Covenants, Equitable Servitudes and Restrictions: Determining Their Validity and Scope.