Practice
Exam Review,
Do
we need to cite to all relevant UCC sections?
If you’re dealing with a statute, it’s useful to apply its wording. You’ll rarely have to cite a statute other
than Article 2 of the UCC. That’s not to
say that it’s wrong to cite to the Restatement or a case, but it may not be
prudent. You might get the case wrong
and be better off without the citation.
Including
the obvious doesn’t lose you points, nor does it gain you points.
“Liquidated
damages” is a label applied to an agreed damages clause when a court will
enforce that clause. “Penalty” is applied
to clauses that go against public policy and will not be enforced.
Know
the important statutory provisions, like § 2-201, § 2-209(1), § 2-706, §
2-708(1), § 2-708(2), § 2-709, § 2-712 etc.
Learn
the statutes. Become comfortable with
them. Use them on the exam. It’s a bad mistake to waste your time leafing
through the statute book looking for something to cite.
Enforcement
of promises related to the sale of goods is generally more liberal than the
enforcement of other promises.
Use
your judgment. Say what you really think
and not what you necessarily think the professor wants to hear.
You
need to learn the material aggressively enough that you can apply it to a
different factual pattern than the one we applied it to here.
Don’t
try to defraud the teacher. If you’re
doubtful about something, it might be useful to state your doubts. You should spend at least half the time you
have on essay questions thinking about each question before you start to write.
The
only section of the statute of frauds that applies to contracts for services is
the “not to be performed within a year” clause.
“Not to be performed within a year” is interpreted by courts as “not
performable within a year”. A contract for
life can be performed within a life.
Anybody could die in a good deal short of a year.
More
review…it’s pretty okay to include extraneous stuff, but don’t screw it up. Don’t be wrong.