Time budget
- Floor
- Quiz (0:00–0:25) + item-level debrief (0:25–0:55). The quiz happens. The debrief covers every item with the doctrinal trap explained. ~55 min.
- Target
- Floor + skills assessment (0:55–1:40) at scheduled scope. The deliverable is collected at the end. ~85 min.
- Ceiling
- Target + bridge (1:40–1:50) — wrap and preview of the next module's central problem. Full ~110 min.
By the end of this class, you can
- Synthesize the year by tracing one fact pattern through formation, interpretation, performance, breach, and remedy.
- Evaluate which doctrines proved most counter-intuitive across the year and articulate the underlying policy choice each makes.
- Plan exam-week review by identifying the three rules the student would most want to over-learn before the final.
This is the final class meeting of Contracts II. It serves a double purpose: Module VII Capstone and Year Synthesis. The Capstone structure block below sets the time blocks; the bridge at the end pivots from Module VII to the spring final.
Why a capstone here
Module VII covers remedies (expectation, reliance, restitution; limitations on damages; alternative remedies) and third-party beneficiaries. The damages calculation puts the doctrine in the form the bar exam and commercial practice actually require: three measures computed on the same facts, with a recommendation as to which the plaintiff should elect. A student who can write five hundred words about Hadley v. Baxendale without ever computing a damages number has not yet learned the doctrine in the form that matters.
Synthesis material
The bridge block (final ten minutes of the meeting) is the only time in the year the professor speaks directly to spring-final preparation: the rubric, the time budget, the study method, what the rubric rewards, what the rubric does not. See the Exam Prep portal for the practice exam, the four model essays with IRAC color coding, and the canonical rubric.
The year, in one frame
Day 1 read Hawkins v. McGee and asked the question that has run under every class since: what is the legal value of a broken promise? The year answered in seven moves. Formation — offer, acceptance, consideration. Enforceability — the defenses that let the law refuse to enforce. Interpretation — what the words mean and what counts as the contract. Performance — conditions and substantial performance. Breach and excuse — repudiation, material breach, impracticability, frustration. Remedies — expectation as the default, run through the foreseeability, certainty, and mitigation filters, with reliance and restitution as alternatives. Third parties — beneficiaries, assignees, delegatees who acquire rights or duties without being original parties. Hawkins comes home in the remedies module: the court awarded the difference between the promised hand and the delivered one.
What you should be able to do at the end of the year
Read a contract problem, identify each doctrinal pressure point, name the governing rule, apply it to the facts, and argue both sides. Trace one fact pattern from formation through remedy. Pick the right remedy and run the damages stack to a number. See that doctrine is contingent — rules have histories, alternatives, and critics — and still deploy it under timed pressure. The exam tests deployment, not recitation. Bring the map.
Capstone structure for Remedies & Third Parties
In-class MCQ via Brightspace, about 20–25 items, 25 minutes. Counts 5% toward the semester grade. Students with extended-time accommodations take the same quiz in a separate room; they rejoin the classroom for the skills assessment block once they finish.
Walk through each MCQ. For each: the right answer + why; the strongest wrong answer + why it's wrong; the doctrinal trap the question was testing. The debrief uses the quiz itself as the synthesis text for the module.
A 45-minute supervised drafting, negotiation, redlining, or damages-computation exercise tied to the module's central problem. The exercise runs as part of class participation, not as a discrete graded instrument.
Wrap; preview the next module's central problem; frame the doctrinal pivot. On the final-module Capstone of each semester, the bridge block becomes exam-prep orientation: rubric, time-budget guidance, study method.
Slide deck
Spacebar / arrow keys to advance. Press F for fullscreen. Click Print / PDF for handouts. PPTX export is professor-only.
Cases under review
Consolidating prior coverage. Re-read the holdings; the Capstone quiz draws here.
- Hadley v. Baxendale 9 Ex. 341, 156 Eng. Rep. 145 (1854) Damages for breach of contract are recoverable for losses (1) arising naturally, that is, according to the usual course of things, from the breach itself, or (2) such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of its breach. Special damages not within either branch are not recoverable.
- Peevyhouse v. Garland Coal & Mining Co. 382 P.2d 109 (Okla. 1962) When a breach of contract involves a defective or incomplete performance and the cost of completing the performance is disproportionate to the resulting increase in the value of the property, damages are measured by the diminution in value rather than the cost of completion. The proportionality principle limits cost-of-completion damages.
- Lawrence v. Fox 20 N.Y. 268 (1859) Where one party makes a promise to another for the benefit of a third person, that third person may enforce the promise even though he is not a party to the contract and gave no consideration for the promise. The third-party creditor beneficiary has a direct right of action against the promisor.
- Sovereign Bank v. BJ's Wholesale Club, Inc. 533 F.3d 162 (3d Cir. 2008) A party benefiting incidentally from a contract designed to operate within a private regulatory system has no right to enforce the contract as an intended third-party beneficiary. Where the contract and the surrounding regulations channel enforcement through specified internal mechanisms, the third party is at most an incidental beneficiary.
Notes
Module VII's scored MCQ runs in the first block. The skills assessment is the Damages Calculation exercise. The bridge block at the end of the class doubles as final-exam orientation for the spring exam: rubric, time-budget guidance, study method.