1. Today is a good day to learn some contracts

2. 1/13/2006class 32 Class 3, January 13, 2006 Today Normile v. Miller Practice Essay Q. 1 Next week: Tue:Pp. 177-89; Problem Set 1 Thur:40-59 Fri:64-73; Problem Set 2

3. Izadi v. Machado (Gus) Ford Florida District Court of Appeal 550 So.2d 1135 (1989)

4. 1/13/2006class 34 narrow exception

5. 1/13/2006class 35 General rule re: advertisements

6. 1/13/2006class 36 Policy behind it

7. 1/13/2006class 37 Problems with it

8. 1/13/2006class 38 How to address problem?

9. Normile v. Miller Supreme Court of North Carolina 313 N.C. 98, 326 S.E.2d 11 (1985)

10. 1/13/2006class 310 Who is suing whom?

11. 1/13/2006class 311 For what kind of damages?

12. 1/13/2006class 312 Legal basis for the claim(s)?

13. 1/13/2006class 313 Factual basis for the claim(s)?

14. 1/13/2006class 314 Arguments/defenses?

15. 1/13/2006class 315 What happened at trial?

16. 1/13/2006class 316 What happened on appeal?

17. 1/13/2006class 317 Second appeal?

18. 1/13/2006class 318 Legal issue before this court? How does the North Carolina Supreme Court present the issue?

19. 1/13/2006class 319 Rephrase the issue What are N & K really asserting were the errors committed by the trial court and appellate court?

20. 1/13/2006class 320 What is an option?

21. 1/13/2006class 321 Was there an option?

22. 1/13/2006class 322 N & K’s Offer “OFFER & CLOSING DATE: Time is of the essence, therefore this offer must be accepted on or before 5:00pm Aug. 5, 1980.” What is the legal effect of this language? Does this create an option exercisable by Hazel Miller?

23. 1/13/2006class 323 How did Hazel Miller respond to offer?

24. 1/13/2006class 324 What legal effect did her signed changes have?

25. 1/13/2006class 325 What rule can we generalize about acceptances?

26. 1/13/2006class 326 What is a counteroffer? What does a counteroffer do?

27. 1/13/2006class 327 How did N & K respond to Hazel Miller’s counteroffer? Did they accept in a timely fashion?

28. 1/13/2006class 328 What effect did their realtor’s 2pm conversation have, “You snooze, you lose, the property has been sold.”

29. 1/13/2006class 329 What are the two requirements for an indirect revocation?

30. 1/13/2006class 330 Authorities?

31. 1/13/2006class 331 What does it mean to sign something under seal?

32. 1/13/2006class 332 Practice Essay Question 1

33. 1/13/2006class 333 Syllogism Major premiseAll men are mortal Minor premiseSocrates is a man ConclusionTherefore, Socrates is mortal.

34. 1/13/2006class 334 Syllogism = basic IRAC

35. 1/13/2006class 335 Basic overlying structure for many K hypos What is the issue? Major premiseIn order for there to be an enforceable contract, assuming no defenses apply, there must be mutual assent and consideration. Minor premisesThere was mutual assent There was consideration No defenses apply ConclusionTherefore, there is an enforceable contract between the parties

36. 1/13/2006class 336 You can have nested syllogisms

37. 1/13/2006class 337 Mutual assent Major premiseMutual assent can be shown if there was a valid offer and acceptance Minor premiseThere was a valid offer There was a valid acceptance ConclusionTherefore, there mutual assent is demonstrated.

38. 1/13/2006class 338 Etc.