Chapter 19

Legal Research Exercises on the Web



Activity 19-1:  Legal Perspective—Is It a Contract?
URL:
http://www.ca5.uscourts.gov/opinions/pub/94/94-41228-cv0.htm

According to your textbook, the Uniform Commercial Code (UCC) was written in order to make the laws governing sales and lease contracts "clearer, simpler, and more readily applicable to the numerous difficulties that can arise during such transactions." Go to the above URL, and you will find the case, Crest Ridge Construction Group, Inc. v. Newcourt, Inc., which was decided by the U.S. Court of Appeals for the Fifth Circuit. Read through the case. Brief the case, following the instructions for briefing cases set forth in Appendix A of your textbook. After you have briefed the case, answer the following questions:

Activity 19-2:  Management Perspective—A Checklist for Sales Contracts
URL:
http://www.methvenlaw.com/contracts.htm

Methven and Associates is a law firm practicing in California. They maintain several checklists on their Web site for businesses that frequently deal with legal issues related to contracts, licenses, confidentiality agreements, arbitration, and mediation. Go to the URL given above and read through the article entitled "Tips for Contracts." Then answer the following questions.

  • What are the "two greatest contributors" to contract disputes? Why is it a good idea to use plain English instead of legalese when drafting a contract? What is a "letter of intent"? What might be included in a letter of intent to avoid future disagreements over the legal effect of the letter?
  • Describe briefly the "tips for contracts" contained in this article. In your opinion, are some tips more important than others? Why or why not?
  • The article points out that "any ambiguity in an agreement is construed against the party drafting it." Is this fair? Explain.
  • What is an "integration" clause? What should be included in a contract with respect to future modifications of the contract?
  • Read through the text of the section on Enforcement. What types of clauses relating to enforcement should be included in a contract?

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