Contract Analysis (50 points)
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 contracts in Canvas under Student Resources 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 summary of the contract must be attached which discusses any features of the contract that were covered in the text. This is 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 – which means an overview of the contract and not a detailed description. Your summary paragraph should not be much longer than the 3 other paragraphs. I’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 analyaz three different clauses in the contract (one per paragraph) and how they relate to the textbook and lecture. 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 “real world”. 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 “according to the text” or something similar. Additionally, do
not reference other textbooks. I don’t have access to them so I can’t verify the
reference. If you don’t have a text, there is one on reserve in the library. I don’t
mind if you use the 7
th
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.
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.
Don’t talk about an express contract. If you are unsure, then ask me via email.
Most contracts don’t say, “This is an express contract”. If your contract is in
writing
IT’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 isn’t the
subject of that clause, you will receive no points for that clause. Each clause is worth 12 points so that’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 “Landlord 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 “Rent” and “Term of the Lease” clauses for their analysis.
These are fine but generally there isn’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 – ADR or
Arbitration as it doesn’t have extensive coverage in the text. However, it is critical
in the business world. Additionally, most contracts have “boiler plate” 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.
It is strongly advised to have your contract chosen before mid-term and reviewed
by me, the instructor, shortly after that. I will also be happy to review and make
any comments on your rough draft if submitted to me a minimum of 48 hours
before the due date. If I review your rough draft and suggest changes, subsequent
requests for review are welcomed but must include the previously suggested
changes.
Spelling and grammar are part of the grading and deductions will be taken if there
are errors in these areas. The Writing Center on campus is free to all Cuyamaca
students but you will need an appointment. There are also online tutors.
I take into account the difficulty of the subject matter you have attempted. It is
easy to talk about “termination” of a contract. It is more complex to talk about “subrogation” or “risk of loss”. Be sure that you are not talking about the UCC
when dealing with a contract for real property, services, e-contracts, etc.
Here is how the grading rubric breaks down:
Summary paragraph ,
5 points
;
Clause 1, 2 and 3,
12 points
each with a further breakdown for each clause of
3
points
for correctly identifying a concept,
3 points
for defining it,
1 point
for
referencing it to the text, and
5 points
for the analysis;
Contract attached if not from Canvas ,
1 point
; and,
8 points
for spelling and grammar.
You can see that a long summary paragraph
will not
make up for an inadequate
analysis.
This assignment may not be turned in after its due date nor may it be re
done.
You have most of the class to work on this assignment. There is NO
10% late penalty deduction.
Preview copies to instructor must be submitted through email. There is an
example of the assignment on Canvas under Student Resources Module.
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