Contracts
CONT200 — Contracts, 3.0 hours
Contracts are a part of almost every lawyer's practice: large or small firm, corporation, or government agency. The student will be guided through the analysis of contracts, applicable law, formation (offer and acceptance), and the drafting of contracts. Enforceability, performance and breach, plaintiff and defendant remedies, and third-party interests are also included.
Program Objectives
1) Explain how contracts are formed including offer, acceptance, consideration, conditions, and third-party interests.
2) Identify possible defects in the formation of contracts.
3) Recognize requirements under the Statute of Frauds and capacity and illegality.
4) Be familiar with the “meeting of the minds” and the outcomes of its absence.
5) Identify rules of construction of contracts.
6) Explain the failure of performance including breach of contract, excuse, and changes by parties.
7) Recognize the available remedies under contract law.
8) Identify the different requirements under the U.C.C.
Professor
Jeff Huth earned his Bachelor’s degree from Kent State University and his J.D. from Cleveland Marshall College of Law. As a practicing attorney, he has briefed and argued cases in the Ohio Supreme Court, the United States Sixth Circuit Court of Appeals and numerous Ohio Courts of Appeals. He currently practices as a sole practitioner with a general civil practice, with an emphasis on consumer bankruptcy and Social Security disability work, while also teaching legal courses and working in educational administration and compliance. He lives in Medina, Ohio with his wife of 31 years. In his spare time he enjoys golf, fishing and camping with his grandchildren. He also reads whenever he can find the time, primarily non-fiction American history.
Online Support (IT) and Moodle Navigation
All members of the Lakewood University community who use the University’s computing, information or communication resources must act responsibly. Support is accessible by calling 1-800-517-0857 option 2 or by emailing info@lakewood.edu
Books and Resources
Tepper, Pamela. The Law of Contracts and the Uniform Commercial Code. (4th Edition). Cengage Learning US, 2021.
Evaluation Method
Graded work will receive a numeric score reflecting the quality of performance.
Course Requirement Summary
- Assignments - Total of 80 Points
- Weekly discussion forums-Total of 80 Points
- Midterm - 20 Points
- Final Exam - 50 Points
Grading Scale
Graded work will receive a numeric score reflecting the quality of performance as given above in evaluation methods. The maximum number of points a student may earn is 230. To determine the final grade, the student's earned points are divided by 230.
Your overall course grade will be determined according to the following scale:
A = (90% -100%)
B = (80% - 89%)
C = (70% - 79%)
F < (Below 70%)
Assignment and Discussion Forum Post Rubrics
Writing Assignment Grading Rubric
|
Points |
Excellent |
Good |
Poor |
Very Poor |
No Response |
|
Original Posting ____/10 |
Writing assignment was well thought out, coherent, and thoughtfully organized with all parts of the questions addressed along with appropriate grammar and spelling |
Writing was clear and relatively well organized and responded to many/most of the key points with a few mistakes in regard to grammar and spelling |
Writing was somewhat confusing and not well organized and had little or no focus on the subject matter with significant grammar and spelling errors |
Writing is confusing and hard to follow with no organization while missing the point of the assignment entirely |
No Assignment |
|
Total Points ____/10 |
Additional Comments: |
Discussion Question Grading Rubric
|
Points |
Excellent Pass |
Good Pass |
Poor Fail |
No Response Fail |
|
Original Posting PASS/FAIL |
Original post reflected good focus to the discussion with well thought out ideas and appropriate grammar and spelling |
Original post responded to the topic in a general fashion but failed to organize them well and had a few mistakes in regard to grammar and spelling |
Responded with little or no focus to the discussion and contained short, irrelevant and/or confusing commentary with significant grammar and spelling errors |
No posting |
|
Reply to fellow student PASS/FAIL |
Response to fellow student reflected good focus to the post with well thought out ideas and appropriate grammar and spelling |
Response to fellow student in a general fashion but failed to organize them well and had a few mistakes in regard to grammar and spelling |
Little or no focus to the post and contained short, irrelevant and/or confusing commentary with significant grammar and spelling errors |
No posting |
|
Total Points PASS/FAIL |
Additional Comments: |
Academic Integrity/ Plagiarism
Cheating (dishonestly taking the knowledge of another person whether on a test or an assignment and presenting it as your work) and plagiarism (to take and pass off as one's own the ideas or writing of another) are a serious issue. While it is legitimate to talk to others about your assignments and incorporate suggestions, do not let others "write" your assignments in the name of peer review or "borrow" sections or whole assignments written by others. We do get ideas from life experiences and what we read but be careful that you interpret these ideas and make them your own.
I am aware that many types of assignments are available on the internet and will check these sources when there is legitimate suspicion.
Penalty is a zero on the assignment. In cases where there is a major or continuous breach of trust, further discipline, such as an "F" in the course, may be necessary.
The major consequence of any form of cheating is damage to your character and the result of trust and respect.
Disability Accommodations
Students who have a disability and wish to request an academic accommodation should contact Jim Gepperth, the Disabilities Services Coordinator and Academic Dean. The student can request an accommodation at any time although it is encouraged to do so early in the enrollment process. The student should complete an accommodation request form which begins a conversation between the school and the student regarding the nature of their disability and an accommodation that would help the student succeed in their program. The school may request documentation regarding the disability to address the accommodation request effectively. The school will communicate to the student the type of accommodation arranged. This process typically follows a team approach, bringing together persons from the academic department (including the instructor) and personnel from other departments as necessary. Additional information on disability accommodations may be found in the Lakewood University Catalog.
Disability Services Email: disabilityservices@lakewood.edu
Supplemental Texts
You can use the following resources to assist you with proper source citation.
American Psychological Association Style Guide- https://www.mylakewoodu.com/pluginfile.php/118179/mod_resource/content/1/APA%20Style%20Guide%207th%20edition.pdf
The Purdue OWL website is also a helpful resource for students. Here is a link to the OWL website: https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/general_format.html
Library
Mary O'Dell is the Librarian on staff at Lakewood University
She is available by appointment. You can make an appointment with her by emailing her at modell@lakewood.edu or call at 1-800-517-0857 X 730
You may also schedule a meeting at this link: https://my.setmore.com/calendar#monthly/r3a761583354923270/01032020
She can assist you with navigating LIRN, research, citations etc.
Support
Each student at Lakewood University is assigned a Success Coach. Your Success Coach exists to assist you with academic and supportive services as you navigate your program. They will reach out to you, often, to check-in. Please use the resources they offer.
Student Services is available to assist with technical questions regarding Lakewood University and all services available to you.
1-800-517-0857 option 2
info@lakewood.edu
studentservices@lakewood.edu
Career Services
Students are offered Career Services at any point as they journey their academics at Lakewood University.
1-800-517-0857 option 2
careerservices@lakewood.edu
Objectives
1) Explain how contracts are formed including offer, acceptance, consideration, conditions, and third-party interests.
2) Identify possible defects in the formation of contracts.
3) Recognize requirements under the Statute of Frauds and capacity and illegality.
4) Be familiar with the “meeting of the minds” and the outcomes of its absence.
5) Identify rules of construction of contacts.
6) Explain the failure of performance including breach of contract, excuse, and changes by parties.
7) Recognize the available remedies under contract law.
8) Identify the different requirements under the U.C.C.
Lessons
- The Nuts and Bolts of Contracts
- Contract Basis: An Overview
- Formation of a Contraction: Offer and Acceptance
Study Course Syllabus
Read Chapters 1,2 & 3
Review PowerPoints
Participate in the Discussion Forum
Complete Assignment 1
Lesson Evaluation
- Consideration: The Value for the Promise
- Mutual Assent of the Parties
- Capacity: The Ability to Contract
Read Chapters 4, 5, & 6
Review PowerPoints
Participate in the Discussion Forums
Complete Assignment 2
Lesson Evaluation
Assignment 2 upon completion of the lesson
- Legality in Contracts
- Proper Form of the Contract: Exploring the Statute of Frauds
Read Chapters 7 & 8
Review Powerpoints
Participate in the Discussion Forum
Complete Assignment 3
Lesson Evaluation
Assignment 3 upon completion of the lesson
- Performance and Discharge
- Remedies in Contract Law
- Third-Party Contracts
Read Chapters 9, 10 & 11
Review PowerPoints
Complete Midterm Writing Assignment
Lesson Evaluation
Midterm Writing Assignment upon completion of the lesson
- Sales: Article 2 of the Uniform Commercial Code
- Performance Under Article 2: Seller and Buyer Duties
Read Chapters 12 & 13
Review PowerPoints
Participate in the Discussion Forum
Complete Assignment 4
Lesson Evaluation
Assignment 4 upon completion of the lesson
- Title, Risk of Loss, and Warranties
- Seller and Buyer Remedies
- Contracts and the Internet: Something Borrowed, Something New
Read Chapters 14, 15 & 16
Review PowerPoints
Participate in the Discussion Forum
Complete Assignment 5
Lesson Evaluation
Assignment 5 upon completion of the lesson
- Drafting a Contract: The Essentials
- Drafting a Contract: Specific Provision
- Analyzing a Contracts Problem: Putting Theory into Practice
Read Chapters 17, 18 & 19
Review PowerPoints
Participate in the Discussion Forum
Complete Assignment 6
Lesson Evaluation
Assignment 6 upon completion of the lesson
Review the PowerPoint
Complete the Final Exam
Request the Next Course
Lesson Evaluation
THANKS FOR A GREAT CLASS