Contract Analysis (45 points)
(I attached the documents needed)
Each student is to produce a 4 paragraph paper analyzing 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 the contract must 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 said a summary 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 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 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 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.
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 writing 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. 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 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.