Contracts
To approach a Contracts exam, students should methodically identify issues, apply relevant rules, and articulate their reasoning clearly. Focus on the hierarchy of contract law principles and prioritize the most significant issues in your analysis.
An offer must manifest an intent to enter into a contract and be sufficiently definite.
An offer can be revoked before acceptance but not after.
Acceptance must mirror the terms of the offer (mirror image rule).
Methods of acceptance can vary, and silence may or may not constitute acceptance.
Consideration is required for a contract to be enforceable.
Consideration can be a promise, an act, or forbearance.
Minors typically lack capacity to contract, and contracts may be voidable.
Persons who are intoxicated or mentally incapacitated may also lack capacity.
Contracts with illegal purposes are unenforceable.
Contracts against public policy are also void.
Certain contracts, such as those for the sale of goods over $500, must be in writing.
Part performance can sometimes satisfy Statute of Frauds.
A breach occurs when a party fails to perform any term of the contract.
Material breaches allow for rescission and damages.
Expectation damages aim to put the injured party in the position they would have been in but for the breach.
Restitution seeks to prevent unjust enrichment.
Structure your answer by clearly outlining the issue, stating the applicable legal rule, applying the rule to the facts, and concluding with a succinct analysis. Always prioritize clarity and logical flow in your writing.
Allocate approximately 1 hour for each major section of the exam, leaving time for reviewing your answers. Stay aware of the time as you progress through each question.