section 2 supplemental info

section 2 supplemental info - SECTION 2 BUL 4310...

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BUL 4310 SUPPLEMENTAL INFO., SECTION TWO , Spring 2011, © Robert Emerson SECTION 2, BUL 4310: SUPPLEMENTAL INFORMATION © Robert W. Emerson, January 5, 2011 59 Items 1. The CONTRACTS YOUTUBE video (2:06) (captain’s hat) is posted For many people, contracts law is viewed as a very difficult, terminology-laden subject and the role of lawyers is often to serve as just “captains” guiding people through a very difficult subject trying to steer them away from the eddies and shoals and sort of steer them through a navigable stream of understanding contract law (at least that’s how I like to look at it!). Contracts law is also an area in which studies have been done and surveys have been performed. Businesses frequently find that the most important function lawyers serve is to advise on contracts. And, in fact, many people who graduate from college or graduate school and go into business look back on their studies and say, of all the subjects they took, business law was often the most useful and contracts was the most useful area in terms of practicality (now that these graduates are out in the business world). When one hears of the rule of law at the international level, what we’re usually really talking about is contract law. For instance, if a business here in America makes a contract with a business abroad, say in Russia or in China or in some other country, one of the fundamental questions is: Will that contract actually be honored abroad? Could you go to a court in another system, could you go to arbitrators and have that contract honored? So it’s very important for people to understand the nature of what is a contract; and, at the very core, the questions become - is it an agreement, and is it an agreement a court will actually enforce? Questions to Consider: 1. How do agreements and contracts differ? 2. Should a lawyer write or review the contracts you enter into? Explain. 3. Do you agree with the captain analogy? 2. CONTRACT ELEMENTS: a. MAX-THE-DOG VIDEO: Recapitulation of Contract Requirements: OACMCL > Offer-Acceptance-Consideration-Mutuality-Capacity-Legality of Purpose (Nothing re form, since that is ordinarily not required) b. A Drawing illustrating the elements of a contract c. Dancing Fraud Excerpts Video - (0:30 long) - an intro, and a preview of much more 3. FORM a. Legalese - "The Sky is Blue" example what is legalese? why is there legalese?
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SUPP INFO, SECTION TWO - Emerson BUL 4310 SUPPLEMENTAL INFO., SECTION TWO , Spring 2011, © Robert Emerson 2 People who draft contracts want to cover all the bases. (The natural result of that approach is that the reader may have to look at it several times.) b. Formalism in the International Business Arena - The British Solicitor’s View, and Japanese Contract Negotiations 4. OBJECTIVE THEORY OF CONTRACTS: THE VOLUNTEERS WITH EYEGLASSES: 5. IS IT AN OFFER? Courts look at the overall context – a. Cartoon - "the Big Picture" b. Labor-Management Negotiations Cartoon. c. “What the Heck Is Going on Here?” Skit
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section 2 supplemental info - SECTION 2 BUL 4310...

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