Join us for the ultimate Contracts review in this final comprehensive episode of Study for the Bar in Your Car: Contract Law - Wrap Up and Review!

This episode offers a structured, step-by-step roadmap for analyzing contract problems, covering:

• Contract Formation: Master the objective standard for mutual assent, dissecting the elements of a valid offer (intent, definite terms, communication) and acceptance (mirror image rule vs. UCC's flexible 2-207 'Battle of the Forms'). We clarify consideration as the essential "bargain for exchange", highlighting the pre-existing duty rule and its vital exceptions, alongside alternative theories like promissory estoppel and restitution that enforce promises without consideration.
• Defenses to Enforcement: Learn to identify issues that can invalidate a contract, including lack of capacity (minors, mental incapacity), duress and undue influence, mistake (mutual and unilateral), misrepresentation (fraudulent, material, non-disclosure), illegality, unconscionability, and public policy. A critical focus is the Statute of Frauds (SOF), detailing which contracts require a signed writing (MYLEGS) and the crucial exceptions that can save an oral agreement.
• Contract Content and Meaning: Understand how courts interpret contracts using an objective standard and a clear hierarchy of terms. Demystify the Parol Evidence Rule (PER), learning when extrinsic evidence is admissible to explain, supplement, or show defenses, even for integrated agreements.
• Performance, Breach, and Discharge: Grasp the difference between a promise and a condition. Understand material vs. minor breach at common law, and the Perfect Tender Rule (UCC) with the seller's critical right to cure.
• Remedies: Discover the goal of expectation damages (putting the injured party in the expected position). Learn about direct, incidental, and consequential damages, along with their vital limitations (foreseeability, certainty, mitigation). Explore liquidated damages clauses, equitable remedies like specific performance, and alternative recovery based on reliance or restitution.
• Third Parties: Untangle how individuals outside the original contract can gain rights or take on duties. This includes Third Party Beneficiaries (intended vs. incidental, done vs. creditor, vesting of rights), Assignment of Rights (transferring benefits subject to defenses and notice), and Delegation of Duties (where the delegator generally remains liable unless there's a novation).

This episode ties it all together, transforming complex theories into practical insights for your bar exam success. Understanding these foundational principles is crucial for legal practice.

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