Each student is to produce a 4 paragraph paper
a contract. In advance of
the paper send, for review by the instructor, a copy of a contract used in everyday
life, e.g., insurance, credit card, rental agreement, gym membership, etc. Send this
by email. Be creative. It can be a blank contract. Several websites offer free form
contracts. There are also contracts in Canvas under Contracts Module. The copy of
be turned in with the paper unless you are using one that is in
Canvas. In that case, merely reference the title of the contract in your report. A
URL is not a substitute. It will count as if no contract was attached.
Please make sure any confidential data has been deleted or blacked out. 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
â€“ 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. Iâ€™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
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
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 â€œreal
worldâ€. 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 â€œaccording to the textâ€ or something similar. Additionally, do
not reference other textbooks. I donâ€™t have access to them so I canâ€™t verify the
reference. If you donâ€™t have a text, there is one on reserve in the library. I donâ€™t
mind if you use the 7
edition but say so as I waste time looking through all
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
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
Donâ€™t talk about an express contract. If you are unsure, then ask me via email.
Most contracts donâ€™t say, â€œThis is an express contractâ€. If your contract is in
ITâ€™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 isnâ€™t the
subject of that clause, you will receive no points for that clause. Each clause is
worth 12 points so thatâ€™s a huge loss of points.
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 â€œLandlord 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 â€œRentâ€ and â€œTerm of the Leaseâ€ clauses for their analysis.
These are fine but generally there isnâ€™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 .
Students in online classes often miss the easiest clause to talk about â€“ ADR or
Arbitration as it doesnâ€™t have extensive coverage in the text. However, it is critical
in the business world. Additionally, most contracts have â€œboiler plateâ€ clauses
towards the end. These clauses are the easiest to use as the text generally has good
information on them as well as examples. If you are using an example from the
text, be sure to reference that.
It is strongly advised to have your contract chosen before mid-term and reviewed
by me, the instructor, shortly after that. I will also be happy to review and make
any comments on your rough draft if submitted to me a minimum of 48 hours
before the due date. If I review your rough draft and suggest changes, subsequent
requests for review are welcomed but must include the previously suggested
Spelling and grammar are part of the grading and deductions will be taken if there
are errors in these areas. The Writing Center on campus is free to all Cuyamaca
students but you will need an appointment. There are also online tutors.
I take into account the difficulty of the subject matter you have attempted. It is
easy to talk about â€œterminationâ€ of a contract. It is more complex to talk about
â€œsubrogationâ€ or â€œrisk of lossâ€. Be sure that you are not talking about the UCC
when dealing with a contract for real property, services, e-contracts, etc