Decemeber 8th Notes

Fundamentals of Legal Practice
December 8, 2009

For LITIGATION
Rule Books for next class
-need Local, State and Federal
-will need them starting week 3
Available here for $213 and free shipping (12/8/09)
http://west.thomson.com/productdetail/159759/15581478/productdetail.aspx

Also Civil Litigation 4edition Kerley, Hames and Sukys
      Course #: EDP102382      
      Sections: PARA CP115 A
      ISBN: 9781428318397
      Title:     Civil Litigation (w/out Cd)
      Author:  Kerley
http://www.bookstore.washington.edu/default.taf?


FINAL
37 questions

Fill in the blank or short answer   19 questions
-14 for 2pts
-4 for 4pts
-1 for 6pts
Most answer in 3 minutes

Multiple Choice    9 questions  all 2pts   18pts    3 minutes to answer
T/F    4 questions    all 2pts   8pts   3 minutes to answer
Short Essay     5 questions     all 24pts   24pts    answer in 60-90 minutes

emphasize breadth not depth


Contracts
-do contracts need to be in writing?
    -No, almost all of the time
    -Always a good idea to have them in writing

-You can have a valid contract that is not enforceable because it's not in writing

"An act for the prevention of frauds and perjuries" from 1677
-called now; Statute of Frauds
    -6 types of contracts must be in writing in order to be enforceable by law

There are the 6 the court will not enforce if not in writing:
(MY LEGS)
1. Marriage
    -when the marriage is the consideration (marry my daughter for company)
    -mutual promises to marry are unenforceable
    -Heart Balm Statutes

2. Year (must performed in a year) **always test on**
    -must not be performable in a year by its terms
    -contract to employ you until baseball teams wins world series
        -does not have to be in writing
        -it could happen next October
        -13 months or longer must be in writing
        -only by its terms it must absolutely happen in a year
        -if it can happen in the year, it does not need to be in writing
    -contract to employ you until baseball teams wins two world series
        -can't happen in one year so it must be in writing

3. Land
    -buying and selling must be in writing
    -you can have an oral lease
    -but most need everything in writing

4. Executor of an Estate
    -the person to carry out your death wishes
    -all contracts must be in writing

5. Goods over $500
    -depends on contract
    -they can be in subcontracted

6. Surety-ship
    -signing off on a car loan

These are the most contentious, most likely to end up in court
-No writing, No court
-does not make the contract invalid, or voidable, simply makes it unenforceable

Two Concepts not in Book:
1. Anticipatory Breach (Repudiation not Breach)
    -when one party in advance says they are not going to perform
    -if they perform after the date, it is a breach
    -if before
    -how can you have a breach when the date has not arrived?
    1. Express
        -tell you they are not going to perform
    2. Implied
        -haven't said they are going to not perform but it is assumed they won't
    Remedy: Victim (innocent party)
            1. Treat the contract as breached and hire someone else and sue for damages at the time you get the repudiation.
            2. Do nothing and see if the person shows up and performs
               
2. Third Party Beneficiaries
    -Contact with employer to pay your tuition
        -You benefit, what are the rights of the employer?

    1. Is the third party beneficiary intended or incidental?
        -every contract benefits someone other than the party
            -incidentals (paint my house, paint company gets money too)
        Incidentals: zero rights (did not mean to get)
        Intended: enforcement rights (meant to get)
            -Employer paying schooling, you are intended
            -if school closes down, you can sue school
            -if its a gift, can't sue employer
            -it its a debt, you can sue employer and school

    2. Assuming intended is the third party beneficiary a creditor or a donee?
        -is this a debt issue?
        -If so, they are a creditor.
            -Forgive debt if Holly babysits kids of Kyle who loaned Bruce money
                -Kyle is creditor and intended
                    -Kyle can sue either party for performance
        -If not, they are a donee.
            -Forgive the debt to Bruce by working at the mission
                -mission is a donee and intended   
                    -mission can sue you but not Bruce
                    -why?  No consideration, it's a gift, can not sue on gift