Each student is to produce a 4 paragraph paper analyzing a contract. A four
paragraph typed analysis of the contract must be submitted which discusses any
three legal concepts in the contract that were covered in the text. The student is to
submit an analysis of legal concepts and not a filled-in contract.
The first paragraph is to be a summary of the entire contract. Please note that I said a
summary– which means an overview of the contract and not a detailed
description. Your summary paragraph should not be much longer than each of the
3 other paragraphs. I’m looking for an overview of the contract and not what each
section is about. The other three paragraphs are to be used to discuss and analyze
three different clauses in the contract (one per paragraph) and how they relate to the textbook and
other course material. Be sure and indicate which paragraph in the contract you
are discussing, e.g., #1 of the contract talks about x, y, and z.
I am looking for an analysis of how each clause relates to the class material. Little
or no analysis will result in point deductions. Summarizing the clause is not an
analysis. Show me that you understand how this clause functions in the “real
world”. I want to see that you understand the legal consequences of each clause
you are discussing and not just paraphrasing the contract wording. Hypothetical
examples are an easy way of showing this.
You must also refer by page or chapter to the part(s) of the text you are using. It is
not sufficient to say “according to the text” or something similar. Additionally, do
not reference other textbooks. I don’t have access to them so I can’t verify the
reference. If you don’t have a text, there is one on reserve in the library. I don’t
mind if you use the 7th edition but say so as I waste time looking through all
texts to see which one a student used. That will bring about a point(s) deduction.
There is an example of an analysis clause written by a student in the Contracts Module.
What Not To Put in Your Contract Report
Discussing the formation of a contract is not acceptable. In other words,
Express/Implied Contracts, Offer; Acceptance; Consideration; Bilateral; etc., are
not clauses in most contracts.
Do Not Talk About Offer, Acceptance and Consideration.
Don’t talk about an express contract. If you are unsure, then ask me via email.
Most contracts don’t say, “This is an express contract”. If your contract is in
IT’S AN EXPRESS CONTRACT! It is probably a bilateral contract as
well. You will receive no extra points if you state this. If you use any of these
concepts as the legal concept in your analysis and, the legal concept isn’t the
subject of that clause, you will receive no points for that clause. Each clause is
worth 12 points so that’s a huge loss of points.
PLEASE PAY ATTENTION TO THIS. DO NOT TALK ABOUT
CONTRACT FORMATION OR THE TYPE OF CONTRACT. IF YOU ARE WRONG, THERE WILL BE A POINT DEDUCTION AND THERE IS NOTHING TO BE GAINED BY INCLUDING IT.
If you are using a rental or lease agreement for real property, at least one clause
must be from outside of the chapter titled “Landlord and Tenant. If all three of
your clauses rely on that chapter, there will be an automatic 11 point deduction.
Please email me if you are unsure of your clauses. Many students using rental
agreements use the “Rent” and “Term of the Lease” clauses for their analysis.
These are fine but generally there isn’t much to analyze so the result is a shallow
analysis and minimal points.
Please remember, agreements for real property or services do not follow the UCC.
So, if using an agreement for real property or services, do not discuss any of those
UCC chapters .
USE ONE OF THE CONTRACTS ATTACHED!!