Practice Exam Review, 10/29/03


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.


Clovis shall not bug us about contracts in consideration of marriage under the statute of frauds, nor will he bug us about contracts to answer for the debt of another.  The latter is important, but complicated.  The statute of frauds that we ought to learn about are (1) contracts for the sale of goods, (2) contracts for the sale of land, and (3) contracts not to be performed within a year.  Those are the most important parts of the statute.


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.


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