Prepare to conquer Contracts on the bar exam with this essential episode of Study for the Bar in Your Car: Bar Exam Tips for Contract Law! This episode guides you through a methodical, step-by-step approach for analyzing any contracts question you face:

• Governing Law First: Always start by identifying whether it's Common Law (services, real estate) or UCC Article 2 (sale of goods), and master the predominant purpose test for mixed contracts. This initial fork is critical, as rules often differ significantly. Pay attention to whether parties are merchants, as the UCC applies different standards.
• Contract Formation: Learn to spot a valid offer (clear present contractual intent, definite terms) and acceptance (unequivocal, mirror image rule for common law, UCC 2-207 Battle of the Forms for goods). Understand how offers terminate and master the nuances of the Mailbox Rule and unilateral contract acceptance. We demystify consideration as the bargain for exchange, including its pre-existing duty rule and crucial exceptions, plus the power of promissory estoppel when consideration is absent.
• Defenses to Enforcement: Systematically check for issues that invalidate a contract:
  • Lack of Capacity (minors, mental incapacity).
  • Assent Problems like Mutual Mistake, Misrepresentation, Duress, Undue Influence.
  • The ever-important Statute of Frauds (MYLEGS) and its specific writing requirements and exceptions for oral agreements.
  • Illegality, Unconscionability, and Public Policy.
• Contract Interpretation & Terms: Discover how courts determine meaning objectively, leveraging Parol Evidence Rule exceptions (ambiguity, course of dealing/performance, trade usage, subsequent modifications) and UCC gap fillers for missing terms. Remember the implied duty of good faith and fair dealing woven into every contract.
• Performance & Breach: Navigate conditions (express, implied, concurrent, precedent, subsequent) and their excuses (waiver, impossibility, impracticability, frustration). Understand the critical difference between material and minor breach at common law and the Perfect Tender Rule (with right to cure) under the UCC. Learn how to handle anticipatory repudiation and demands for adequate assurances.
• Remedies: Focus on the goal: expectation damages, subject to limits of foreseeability, certainty, and mitigation. Explore liquidated damages, specific performance for unique items, and alternative remedies like reliance and restitution.
• Third Parties: Understand Third Party Beneficiaries (intended vs. incidental, done vs. creditor, vesting), Assignment of Rights (transferring benefits subject to defenses), and Delegation of Duties (delegator remains liable unless novation).

Angela's ultimate advice: Practice, practice, practice! Apply these rules repeatedly to diverse fact patterns to internalize them under pressure.

Don't just study—study smart. Tune in, subscribe, and supercharge your bar prep with Study for the Bar in Your Car!

Prepare to master a crucial area of contract law with our deep dive into Third Parties! In this episode of Study for the Bar in Your Car, we unpack how individuals not initially part of a contract can gain rights, take on duties, or otherwise get involved, drawing directly from Angela's fantastic law school notes.

You'll gain clarity on:

• Third Party Beneficiaries: Discover when someone is an intended beneficiary with legal standing versus an incidental beneficiary who has no rights. Learn the critical difference between done beneficiaries (gift, generally no recourse against the promisee) and creditor beneficiaries (satisfies a debt, can sue the promisee on the original obligation). We'll also explain the vital concept of vesting of rights, the point where a third party's rights become protected from modification by the original parties.
• Assignment of Rights: Understand how contractual benefits (like the right to payment) can be transferred to a third party. We'll clarify the limits on assignability and the crucial distinction between gratuitous assignments (often revocable) and assignments for consideration (generally irrevocable). A key takeaway is that the assignee steps into the assignor's shoes, taking the right subject to defenses the obligor had against the assignor before notice of the assignment was given.
• Delegation of Duties: Explore how contractual obligations to perform can be transferred. Crucially, you'll learn why the original obligor (delegator) generally remains liable for performance even after delegating the duty. The only way to achieve full release from liability is through novation, a three-way agreement where all parties, including the obligee, explicitly consent to substitute a new party and release the original one.

This episode provides the essential framework for tackling complex bar exam questions. We highlight how to focus on intent for beneficiaries, understand the nuances of assignability and delegability, and always track who had notice of what and when in these tricky scenarios.

Don't miss this in-depth, practical guide to third parties in contract law. Tune in, subscribe, and supercharge your bar prep!

Struggling to nail down the Statute of Frauds for the bar exam? You're not alone! Angela admits it's a topic that can be "pretty annoying" to remember under pressure. But fear not! Episode 11 of Angela's "Study for the Bar in Your Car" podcast offers a solid roadmap to master this critical area of contract law.

This episode, drawing directly from Angela's meticulously organized notes, demystifies the rules requiring certain contracts to be in writing and signed to be legally enforceable, serving as a vital defense against fraudulent claims.

You'll explore the six main categories of contracts that fall under the Statute of Frauds, often remembered by the mnemonic "MY LEGS":

• Marriage: This isn't just a promise to marry, but promises made in consideration of marriage, such as prenuptial agreements involving property.
• Year (One-Year Rule): Contracts that cannot possibly be performed within one year from their making must be in writing. The key here is "possibly"—even if it's highly unlikely, if completion within a year is theoretically conceivable, it falls outside the statute.
• Land: Any contract for the sale of an interest in land (including easements, though often not short-term leases) generally requires a writing. However, the episode highlights crucial exceptions like full performance by the seller or sufficient part performance by the buyer (e.g., payment, taking possession, and making improvements).
• Executor/Administrator: A promise by an estate's executive or administrator to pay the estate's debts from their own personal funds must be in writing.
• Goods (Sale of Goods): Under UCC Article 2, contracts for the sale of goods priced at $500 or more require a writing. The writing must show a contract was made, identify parties, contain a quantity term (essential), and be signed by the party to be charged. The UCC's definition of "signed" is notably liberal, sometimes even including a company letterhead. The contract is enforceable only up to the quantity stated in the writing. Key exceptions include:
  • When goods have been received and accepted, or payment has been made and accepted.
  • For specially manufactured goods that are custom-made and not easily resalable.
  • If a party admits in court that a contract was made.
  • A merchant's written confirmation to another merchant, if not objected to within 10 days, can satisfy the statute.
• Suretyship: A promise to answer for the debt or default of another person (a guarantee) typically needs to be in writing. A critical nuance discussed is the timing of consideration: a gratuitous suretyship promise made after the original loan or benefit has been extended may fail for lack of consideration, even if in writing.

The podcast emphasizes that if a contract falls under the Statute of Frauds and lacks the required writing (and no exception applies), it is generally unenforceable at the option of the party being sued. It's a defense that must be affirmatively raised.

Tune into "Study for the Bar in Your Car" to clarify these intricate rules and avoid common bar exam traps. Angela's notes will help you spot these situations quickly and confidently. Subscribe now and accelerate your legal learning!