Academically, contracts is best taught in the following order:
1. Contract Formation. In formation, we look at mutual assent (offer and acceptance), consideration and defenses to formation. Typically, you don’t see “revocation” in the definition of formation, but the student should remember that revocation should be discussed between offer and acceptance.
2. Contract Performance. In performance, we look at conditions, discharge and breach of contract.
3. Contract Remedies. In contract remedies, we look at remedies at common law and remedies under the UCC.
I have already made a number of posts regarding contract remedies that I won’t repeat, but in coming posts, we will look at formation and performance.
Professor Doug Holden
© 2010 Douglas S. Holden. All Rights reserved.