145 Contract Law Topics to Write about & Examples

Are you a law school student? This contract law topics list is for you! Here, you will find the most interesting concepts and legal issues to explore. Write an outstanding essay with the help of our law of contract assignment topics and samples!

🔝 Top 10 Contract Law Topics for 2024

🏆 best contract law topic ideas & essay examples, 👍 good contract law topics for essays, 📝 simple & easy contract law assignment topics, 📑 interesting contract law research paper topics, ❓ contract law essay questions, 🤩 law of contract assignment topics: benefits.

  • The Elements of a Valid Contract
  • The Doctrine of Privity of Contract
  • Alternative Dispute Resolution Methods
  • Fraud and Misrepresentation in Contracts
  • How to Identify Unfair Terms and Conditions
  • Remedies and Legal Recourse for Non-Performance
  • Mental Incapacity and Its Implications in Contract Law
  • Mistakes and Their Effects on Contractual Validity
  • Which Contracts Must Be in Writing to Be Enforceable?
  • E-Signatures, Online Agreements, and Legal Validity
  • Contract Law: Sand Diego Case In this case the old contract is discharged and there is a substitution of anew contract By vicarious performance: It is open to the parties to have their contract performed vicariously by another person, provided […]
  • Misrepresentation Under Contract Law This case is a case of negligent misrepresentation because the finance officer made the statement without knowledge of the capacity because he had not gone to the building to ascertain the facts of what he […]
  • Contract Law: Breach, Mutual and Unilateral Mistake The implication of this is that the contract would have ordinarily remained valid until the time the plaintiff moved to have it avoided.
  • Contract Law: Car Buying Agreement and Fraud When considering the purchase of a car, one must be aware of the legal specifics of the process, as the case of Jim and Laura shows quite clearly.
  • Contract Law: The Impossibility of Performance The paper will include a discussion of the elements of the impossibility of performance and the three situations where the defense can be used; and a discussion of commercial impracticability and its application to the […]
  • Promissory Estoppel in English Contract Law In regards to the case between Brian and Harry, Harry won the case in which he claims a breach of contract by Brian.
  • Importance of Role of Contracts in Sports Law One of the laws which play a truly vital part in the regulation of sports activities is the law of contract.
  • English Contract Law: Fundamental Principles The buyer has an obligation to pay the price and the seller is obligated to transfer ownership to the buyer. Acceptance of the offer implies that there is an objective expression, by the recipient, of […]
  • Contract Law: Nike, Inc. vs. Eugene McCarthy The United States Court of Appeals, Ninth Circuit affirmed the decision of the district court that Eugene McCarthy violated the agreement, provided potential harm to the company, and had to leave the position offered by […]
  • The Duress Cases in Contract Law The court decided that the agreement was null and void because the wife did not receive adequate advice concerning the husband’s worth before or during the time she was required to sign the agreement.
  • Business Law: Contracts With Intoxicated Persons It is the client’s goal to rescind the contract, and she can do so in correspondence to the capacity to contract and duress and undue influence.
  • Business Laws in Contract Termination In the contract between the Commonwealth Government of Australia and Chill-Out company, dissolution can be applied because of the poor performance of the employed enterprise, as in the case of Abrams v RTO Asset Management.
  • Woody Allen vs. Amazon Contract Law Case The reasons given by the court were that the defendant and the plaintiff settled their issues in private and the appellant withdrew the case.
  • Contract Law: The Case Study The former decides to sue Johnny for breach of contract on the two commitments, buying the car and the $10,000 offer.
  • Contract Law Cases: Suspicious Directors in Firms The legal duty of care assigned to the defendant is one that emerges independently of contractual responsibility, and expressly, in the absence of a contract.
  • U.S. Contract Law: Basics A significant role in the emergence and development of the theory of the U.S. contract law belongs to the American jurists Langdell and Holmes.
  • English Law of Contract: Theory and Examples This means that the finding of the painting preludes the obligation for paying the reward without the necessity of proof of offer acceptance.
  • Contract Law: Alpha Bookstore’s Delivery Issues The area of law that this case relates to is contract law, and the bookstore has remedies for the problems with the contract and lost chance.
  • Contract and Agency Law: Restraint of Trade A typical restraint of trade clause on an employment contract will be: The employee agrees that he or she will not, after the termination of the employment contract with the employer, either directly or indirectly, […]
  • Contract and Agency Law: Overview and Analysis In the case of Carlill v Carbolic Smoke Ball Company, the court of appeal held that the advert made had all the requirements of an offer and was, therefore, an offer in itself.
  • Singapore Contract Law Analysis Therefore, D & D shopping mall would be exempted from the damage of the car because they had referred to the clause in red.
  • Researching the Law of Contract The offeror entails “the party making the offer while the offeree refers to the party to whom the offer has been made and a serious and objective intention on the part of the offeror must […]
  • Contract Law: Selling Legal Encyclopedias Normally, a contract is established when the offeree and the offeror agree to the terms of their negotiation. In the above case, Carrie made an offer to sell a set of encyclopedias to Antonio.
  • Law of Contract: The Case of James and the Kitchen Wizard Even though this was not included in the contract, the fact that James was made to believe that he was purchasing the items that he had wanted by the salesperson gives validity to the feelings […]
  • Consideration of the Law of Contract In this case, John failed to fulfill his share of the contact thus Chen has this as a basis of not paying the high labor cost, the case says “John builds the extension but does […]
  • Contract Law: Huang vs. Bill the Builder The main purpose of seeking compensation of damages resulting from a breach is to put the innocent party in its initial position if the breach had not occurred in the first place. Huang had clearly […]
  • Contract Law and License: Review But there is also the matter of usage of already existing material and the contracts that are drawn up by companies to make a profit.
  • Contract Law: Case Brief on Fiona vs. Black Tie The elements of a contract were all present in the contract that was between the Black Tie Dry cleaning and Fiona and based on the arguments and explanations the company is not liable to any […]
  • Government Contract Law: The Case of Boston Shipyard Corp. MSC was aware that at the time of the formation of the contract, BSC was proceeding with a bankruptcy arrangement yet it signed the contract.
  • Different Types of Contracts in Law It is a defense in the sense that the two parties had agreed to perform the contract but had not factored in such other contingencies that could render the whole or part of the contract […]
  • Business Law: The Contract and Tort Law Under the contract of CG and Cambridge city, the offer was given by the city to the CG to collect the garbage in the area of 3000 households for three years with the expectation of […]
  • Law of Contracts: Case No. CA06-1281 in Arkansas The most important aspect of a contract is the offer and acceptance where one party offers an agreement and the other accepts.
  • Contract Law and Legally Binding Relationship The analysis of this case will tend to advise him on the next reaction relating to the competition which was in place, the contract and the letter that he received from the solicitors.
  • Contract Law in Business and Consumer Protection When the couple approached the hotel manager, they were referred to the terms and conditions form they had signed as they checked in and one of the terms and conditions read that the hotel will […]
  • The Contract Law: The Case of James and the Pet Toys There is a distinction between the day and moment that the advertisement was posted in the newspaper and the time that was taken for the letter to get to the manager.
  • Law Illustrations, Legal Rights, Law of Contract At the same time, the customers of the company, and Thomas and Peter in particular, considered the advertisement to be an offer to the world at large.
  • Acting in Good Faith: Contract and Agency Law To start with the validity of the contract should be analyzed; and in this case, the two contracting parties had agreed mutually to reduce the amount to a nominal amount of $150.
  • Joint Liability Under English Contract Law If this is a case of common co-debtorship, D will have to sue A, B, and C jointly to claim the horse.
  • Avoiding & Settling Disputes Under Sales Contract Law The major peculiarity of this problem lies in the following: the seller of the car officially disclaimed any liability for the injuries and repair costs caused by defects in the vehicle.
  • Criminal and Contract Law in the Healthcare Sector It is therefore important for healthcare professionals to conform to the criminal laws and the terms and conditions of their contracts.
  • Contract Law: Promissory Estoppel and Part Payment In the case of promissory estoppel, consideration has centered on the notion of exchange or bargain as a reasonable basis for the elucidation of what is meant by promissory estoppel in payment of consideration under […]
  • Contract Law: Introduction to Legal Analysis and Writing It is on the basis of this information and other materials not mentioned in the case that he manages to convince Mr.
  • Law of Contract: Aspects of the Lease Issue Manchester Citi Council, it was reaffirmed that although the Council may have not signed and delivered the documents, whereupon the customer had signed and delivered the documents for onward transmission to the buyer, the contract […]
  • Three Articles on Contract Law Comparison The article examines substantial body of case law in the UK on the interpretation of Articles 3 and 4 of the Rome Convention on the law applicable to contractual obligations which emerged in 2000.
  • Contract Law in Different Countries The applicability of certain laws therefore becomes the basis of a legal system and how this can be utilized in the greater complexity of certain involvements and participations. Lastly, conflicts of law and harmonization process […]
  • Contract Law and Agreement in Business As the partnership involves financial issues, it is advised to create a contract to secure the operation and have a legal basis for possible complaints.
  • Contract Law: Legally Binding Agreement With Minors However, the law allows a minor to enter into contracts for the supply of necessities if no adult can provide the necessities.
  • Contract Law: Offer in the Acorn Computers Case It is a general rule that when an offer is made as was done by B supermarkets, the contract becomes binding the moment an acceptance is made by the offeree.
  • Contract Law: Refund for Cancelled Trip Payments The problem was in the fact that Burt decided to cancel the vacation, and he needed to receive the refund related to the reservation payments.
  • English Contract Law: Gibson vs. Manchester City Council Rather, it merely stated that the house “may be prepared to sell” and that the letter was not a “firm offer of a mortgage”.
  • Contract Law: Foodmart Inc. vs. Masterpiece Construction The client will therefore have the right to repudiate the contract on the basis that the terms of the agreements have not been upheld.
  • Contract Law and Its Management Consideration means what is exchanged between the parties to a contract to make the agreement valid. The contractor agrees to do the work by the set date and the client promises to compensate him for […]
  • Contract Law: Main Line Pictures Inc. vs. Basinger In maximizing /minimizing the loss profit incurred, this amount should not be included because the film was not produced so the actual loss caused by Basinger not taking part in the film cannot be traced.
  • Business Ethics and Contract Law While analyzing the nature of relationships between the supplier and Don from the ethical perspective, it is necessary to support the cessation of doing business with Don.
  • Minors and Contract Law: Hallman vs. Lemke But if Jeremy’s actions and the act of entering into the contract was overseen with his parents or guardians in the presence of the sales personnel, the company will be able to sue for damages […]
  • Contract Law in the United Arabs Emirates To understand the contract law through the prism of the UAE legal system, it is important to discuss the principles of the laws and provisions of a contract.
  • UAE and UK Contract Law: Misrepresentation and Duress Contract law is the agreement that should clear identify the situation and help the parties be equal; misrepresentation and duress can influence the quality of the contract and have to be properly understood by the […]
  • Essential Contract Law: History and Theory The fundamental nature of a contract is a legally binding accord, that is, a reciprocal appreciation among the parties, in regard, to the essence of the contract.
  • Business Management Affairs: Contract Law This report highlights the requirements and content of the contract, as well as the consequences for breach of contract by the judges.
  • The English Contract Law: Terms and Classification To determine a legal contract, the courts look for the following into the contract; the transaction stage, which the transaction took, place, the importance that the representee connected to the declaration together with the skills […]
  • Contract and Sale of Goods Law It is clear that Blackboard was aware of the purpose that PostersPLUS intended to use the vinyl film at the time the contract was entered into between the two firms.
  • Contract Law: Breach of Contract and Remedies Available For any claim to contractual material breach to be successful, the injured party must establish that: indeed there was a contract; the defendant is indeed the right party to bring a claim, the contract was […]
  • Contract Law Dispute: Defendant’s Motion As the judge in the case, I would rule in favor of the plaintiff and oblige the defendant to pay for the damages as requested.
  • Rescission of a Contract in the Law of Contracts In the law of contracts, when a contract is rescinded, it means that the two parties to the contract have been relieved of their obligation in relation to the initial contract entered in the initial […]
  • Contract Law: PepsiCo and a Harrier Jet Contest Prize The theory of objectivity in a contract implies that for an offer and acceptance to take place, the reasonableness of the offer and acceptance should be considered, thus other than the mutual consent of the […]
  • Agreement and Contract Law in the United Kingdom
  • Alive and Well: The Good Faith Principle in Turkish Contract Law
  • Australian Contract Law Should Be Codified
  • Business and Corporation Law: Contract Law and Dispute Resolution
  • Contract Law and the Institutional Preconditions of a Market Economy
  • China’s 2008 Labor Contract Law: Implementation and Implications for China’s Workers
  • Comparing Chinese Contract Law and English Contract Law
  • China’s New Labour Contract Law: No Harm to Employment
  • Conflict Resolution in the Australian Contract Law
  • Creditor and Debtor Relationship in Contract Law
  • Contract Law and the Doctrine of Consideration in the United Kingdom
  • Economic Reasoning and the Framing of Contract Law
  • Contract Law and the Governance of Inter‐Firm Technology Partnerships
  • Efficient Third Party Liability of Auditors in Contract Law
  • Contract Law and the Self-Enforcing Range of Contracts in Agriculture
  • Embedded Options and the Case Against Compensation in Contract Law
  • Contract Law: Elements and Specific Terms in Business Contracts
  • Faulty Goods and Unfair Contract Exclusions: Cases of English Contract Law
  • Contract Law Enforces the Right of Contractual Freedom
  • Good Contract Law: Termination or Renegotiation of Contracts
  • Contract Law From Christian Worldview Perspective
  • Insurance Contract Law and the Concepts of Misrepresentation and Non-disclosure
  • Contract Law From Law and Economics Perspective
  • International Business Climate and Germany Partnership, Agency, and Contract Law
  • Contract Law: Legal, Ethical, and Social Issues in Computing
  • Law for Engineers: Analysis of Contract Law
  • Contract Law, Mutual Mistake, and Incentives to Produce and Disclose Information
  • Multilateral Reputation Mechanisms and Contract Law in Agriculture
  • Contract Law: Privity and the Rights of Third Parties
  • Mutual and Unilateral Mistakes in Contract Law
  • Contract Law: Process, Components, Methods
  • Quase Contracts Under Indian Contract Law
  • Contract Law Questions Regarding the UCC and UCITA
  • The Just Price Doctrine and Contemporary Contract Law: Some Introductory Remarks
  • Contract Law, Social Norms, and Inter-Firm Cooperation
  • The Past Flaws and Issues of UK Contract Law
  • Contract Theory and the Limits of Contract Law
  • The Postal Acceptance Rule in Contract Law
  • Understanding Contract Law and How to Form Contracts on the Internet
  • Comparing Verbal Agreements and Contract Law
  • What Is the Meaning of the Contract Law?
  • How Can the Terms of Contract Law Be Violated?
  • What Are the Past Shortcomings and Problems of UK Contract Law?
  • What Is the Principle of Good Faith in Turkish Contract Law?
  • How Will Contract Law Apply?
  • What Are the Legal Consequences of Australian Contract Law?
  • What Is the Difference Between Agreement and Contract Law?
  • What Is the Essence of the New Labor Contract Law in China?
  • What Are the Implications of China’s Labor Contract Law for Chinese Workers?
  • How Does China’s New Labor Contract Law Ensure No Harm to Employment?
  • What Are the Rules of Contract Law?
  • How Does Australian Contract Law Resolve Conflicts?
  • What Ethical Issues Does Contract Law Raise?
  • What Are the Main Aspects of Contract Law?
  • How Can You Explain Contract Law From the Point of View of Law and Economics?
  • What Is a Precedent in Contract Law?
  • What Are the Basic Principles of Contract Law?
  • How Does Contract Law Govern Interfirm Technology Partnerships?
  • What Is the Role of Contract Law in Agriculture?
  • What Are the Elements and Special Conditions of Contract Law?
  • How Can You Explain Contract Law From a Christian Perspective?
  • What Are the Consequences of Violating the Terms of Contract Law?
  • How to Avoid Mistakes and Fraud in Contract Law?
  • Contract Law: What Are the Requirements for a Contract?
  • What Is the Relationship Between the Creditor and the Debtor in Contract Law?
  • How Contract Law Affects Small Businesses?
  • How Can You Analyze E-Business Contract Law?
  • What Are the Elements of Contract Law?
  • How Does Contract Law Govern Sales Agreements?
  • What Is the Contract Law Worksheet Assignment?

Here’s what makes our contract law topics list stand out:

  • Chicago (A-D)
  • Chicago (N-B)

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Data Privacy Lawyer

Adv Rajesh Kumar

Class Notes on Contract II – Unit I (2nd Sem / 3 year LL.B)

Table of Contents

Contract of Indemnity

Indemnity Meaning –

  • To make good the loss incurred by another person
  • To compensate the party who has suffered some loss
  • To protect a party from incurring a loss

‘Contract of Indemnity’ Definition

A contract is called as a ‘contract of indemnity’ if –

One party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person.

Modes of contract of indemnity

  • Expressed:  When a person expressly promises to compensate the other from loss.
  • Implied:  When  the  contract  is  to  be  inferred  from  the  conduct  of  the  parties  or  from  the circumstances of the case.

Essential elements of a contract of indemnity

Contract:  All the essentials of a valid contract must also be present in the contract of indemnity

Example:- X asks Y to beat Z and promises to indemnify Y against the consequences. Y beats Z and is fined Rs.1,000. Y cannot claim this amount from X because the object of the agreement was unlawful.

Loss to one party:  A person can indemnify another person only if such other person incurs some loss or it has become certain that he will incur some loss.

Indemnity by the Promisor:  The purpose of contract of indemnity is to protect the indemnity holder from any loss that may be caused to the indemnity holder.

Reason for loss:  The contract of indemnity must specify that indemnity holder shall be protected from the loss caused due to –

  • Action of the promisor himself; or
  • Action of any other person; or
  • Any act, event or accident which is not in the control of the parties.

Rights of indemnity holder

Right to recover damages

The indemnity holder has the right to recover all the damages which he is compelled to pay in any suit in respect of any matter covered by the contract of indemnity.

Right to recover costs

The indemnity holder has the right to recover all the costs which he is compelled to pay in bringing or defending such suit.

Condition:  The indemnifier authorised him to bring or defend the suit; or

The indemnity holder did not contravene the orders of the indemnifier; and The indemnity holder acted as it would have been prudent for him to act in the absence of any contract of indemnity.

Right to recover sums paid

  • The indemnity holder has the right to recover all the sums which he has paid under the terms of a compromise of such suit.
  • The indemnifier authorised him to compromise the suit; or
  • The indemnifier holder did not contravene the orders of the indemnifier; and the indemnity holder acted as it would have been prudent for him to act in the absence of any contract of indemnity.

Commencement of the indemnifier’s liability

Contract of guarantee.

Meaning of ‘contract of guarantee’

A ‘contract of guarantee’ is a contract to –

  • Perform the promise; or
  • Discharge the liability, of a third person in case of his default.

Meaning of ‘surety’:  The person who gives the guarantee is called as ‘surety’

Meaning of ‘principal debtor’:  The person in respect of whose default the guarantee is given is called as ‘principal debtor’.

Meaning of ‘creditor’:  The person to whom the guarantee is given is called as ‘creditor’.

guarantee-chart

Difference between contract of indemnity and Guarantee

Essentials of a valid contract of guarantee.

Must have all the essentials of a valid contract:  All the essentials of a valid contract must be present in the contract of guarantee.

Exceptions:

  • Consideration received by the principal debtor is a sufficient consideration to the surety for giving the guarantee.
  • Even if principal debtor is incompetent to contract, the guarantee is valid. But, if surety is incompetent to contract, the guarantee is void.

Primary liability of some person

  • The principal debtor must be primarily liable. However, even if the principal debtor is incompetent to contract the guarantee is valid.
  • The debt must be legally enforceable.
  • The debt must not be a time barred debt.

The contract must be conditional

  • The liability of surety is secondary and conditional.
  • The liability of surety arises only if the principal debtor makes a default.

No misrepresentation

  • The creditor should disclose all the facts which are likely to affect the surety’s liability.
  • There must not be any concealment of facts.

Form of contract

A contract of guarantee may be either oral or written.

Joining of other co-sureties

The guarantee by a surety is not valid if –

  • A condition is imposed by a surety that some other person must also join as a co-surety; but
  • Such other person does not join as a co-surety.

Nature and Extent of Surety’s Liability

Surety’s liability is coextensive with liability of principal debtor

General rule –

  • Surety is liable for all the debts payable by the principal debtor to the creditor.Accordingly, interest, damages, costs etc. may also be recovered from the surety.

Exception:-

  • The contract of guarantee may provide otherwise.

Commencement of surety’s liability

The liability of surety arises immediately on default by the principal debtor.

The creditor is not required to –

  • (a) first sue the principal debtor; or
  • (b) first give a notice to the principal debtor.

Surety’s liability may be limited

The surety may fix a limit on his liability up to which the guarantee shall remain effective.

Surety’s liability may be continuous

The surety may agree to become liable for a series of transactions of continuous

nature. However, the surety may fix –

  • – a limit on his liability upto which the guarantee shall remain effective;
  • – a time period during which the guarantee shall remain effective.

Surety’s liability may be conditional

The surety may impose certain conditions in the contract of guarantee. Until those conditions are met, the surety shall not be liable.

Continuing Guarantee

Meaning: A guarantee which extends to a series of transactions is called as continuing guarantee.

Revocation (Sec.130): Continuing guarantee may be revoked, at anytime, by the surety by giving a notice to the creditor. However, revocations shall be effective only in respect of future transactions (i.e. the liability of the surety with regard to previous transactions remains unaffected)

Death of surety (sec. 131): Death of the surety operates as a revocation of a continuing guarantee as to future transaction.

Rights of Surety (Sec.140, 141, 145, 146 and 147)

I. rights against principal debtor.

Right of indemnity

  • There is an implied promise by the principal debtor to indemnity the surety.
  • The surety is entitled to claim from the principal debtor all the sums which he has rightfully paid.
  • The surety cannot recover such sums, which the he has paid wrongfully.

Right of subrogation

  • On payment of a debt, the surety shall be entitled to all the rights which the creditor could claim against the principal debtor.

II. Rights against the creditor

  • The surety can claim all the securities which the creditor had at the time of giving of guarantee
  • It is immaterial as to whether the surety had knowledge of such securities or not.
  • If the securities are returned by the creditor to the principal debtor the surety is discharged to the extent of value of the securities so returned.

Right of set off

  • Any amount recoverable by the principal debtor may be claimed as deduction.
  • Any amount recoverable by the surety may be claimed as deduction.

Rights to share reduction

  • If the principal debtor becomes insolvent, the surety may claim proportionate reduction in his liability.

III. Rights against co-sureties

Rights to contribution

General Rule: All the co-sureties shall contribute equally

  • Under the contract of guarantee, the co-sureties may fix limits on their respective liabilities.
  • Even in such a case, the co-sureties shall contribute equally, subject to maximum limit fixed by the co-sureties.
  • The contract of guarantee may provide that the co-sureties shall contribute in some other proportion.

Right to share benefit of securities

  • If one co-surety receives any security, all the other co-sureties are entitled to share the benefit of such security.

Distinction between Indemnity and Guarantee

Discharge of surety from liability (sec.130 to 144), notice of revocation by surety.

Specific guarantee

A specific guarantee can be revoked only if liability of principal debtor has not arisen.

Continuing guarantee

A continuing guarantee can be revoked only in respect of future transactions.

Death of surety

In case of death of surety, a continuing guarantee is automatically revoked in respect of future transactions.

Variance in terms If –

  • Any variation is made subsequent to formation of contact of guarantee; and
  • Such variation is made without the consent of surety;
  • The surety shall be released for such transactions as take place after such variation.

Release or discharge of principal debtor

  • The creditor makes a fresh contract with the principal debtor whereby the principaldebtor is relieved from his liability; or –
  • The creditor does any act or omission resulting in discharge of the principal debtor;
  • The surety is discharged.

Composition with principal debtor

The surety is discharged if the creditor makes a composition with the principal debtor without obtaining the consent of surety.

Giving extension of time to principal debtor

The surety is discharged if the creditor extends the time for repayment of the debt by the principal debtor without obtaining the consent of the surety.

Loss of security by a creditor

The surety is discharged to the extent of security lost by the creditor.

UNIT – I Important Case Laws

  • Gajanan v Moreshwar,1942 Bom.LR
  • M.S.Anirudhan v.Thomco’s Bank Ltd., AIR 1963 SC74
  • Kalaipermal v.Visalakshmi, AIR 1938 Mad.32
  • Morvi Mercantile Bank v. Union of India, AIR 1965 SC 1954
  • Sunderlal Saraf v.Subhas Chand Jain,AIR 2006 MP 35

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Top 50 Contract Law Dissertation Topics for the Year 2021

  • June 29, 2021 July 15, 2021

‘Trust’ is the most demanded word that individuals and civil bodies tend to explore to overcome the challenges of uncertainties. We all are familiar with the fact that trust is not a leverage that is easy to purchase and there must be certain enforcing agreements that can bind all the concerned parties. It ensures that all the associated parties could move forward with complete peace of mind. Contract law is basically the regulatory body of the law that is responsible for making and enforcing these agreements to safeguard the interests of the dedicated parties.

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A contract is primarily an agreement that in case violated can grant the right to the victim to move to a court. The party enduring the loss can anticipate a fair remedy in case there is a breach. The students hiring law assignment help for contract law subjects always anticipate assistance from the law practitioners turned academicians. As they are the ones who are literally familiar with all the recent amendments in the sub-sections and clauses of the law, they can help us submit undisputable law dissertation assignments.

Introduction

The students pursuing a syllabus in contract law either decide to hire assignment help to outsource the whole work or take the whole responsibility their own shoulder to get the homework done. Here, the latter option is pretty much challenging as students must totally rely upon their own instincts, research base, writing prowess and editing skills without any professional intervention. But most of the students find themselves stuck even with the selection of the right contract law dissertation topic.

contract 2 assignment topics

As a responsible assignment writing services agency, it is our motto to assist our students to every possible extent free of cost. That is the reason why, we are offering them here the list of the most comprehensive contract law dissertation topics covering all the aspects of diverse assignment homework requirements. Our recommended list of the topics helps them cover the assignment topics related to companies and consumers enforcing contracts for the purchase and sale of goods, licensed products, or activities, etc. Additionally, these laws play a pivotal part in the enforcement of the agreements related to employment, insurance, and much more.

Why the Study of Contract Law is Important?

The study of contract law is extremely critical for the students to open new avenues of opportunities for a bright future ahead awhile practising law. Let us look at the components of a well-drafted contract that deliver our businesses as many advantages such as –

  • The clarity in agreements, business relationships, and the rights and duties of the parties.
  • Eschewing the potential contract disputes as well as litigation.
  • Preventing the misinterpretation of agreements and communications.
  • Safeguarding intellectual property, asset values, and real property.
  • Better and effective management of the commercial relationships.
  • The built-in agreements regarding the resolution of the disputes via mediation, arbitration, or a court in a specific jurisdiction.
  • The documentation to permit comprehensive review and representation by a fully-fledged business attorney of law.

When we are submitting our assignment homework document with professional dissertation help from the experts, then it will ensure the incorporation of the components that are valued highly in terms of the allocation of the grades.

Explore the most trending topics in the field of criminal law assignment submissions at the below link and pick one to make your next submission truly impactful right at first sight.

Must read: top 20 criminal law dissertation topics trending in the year 2021, the elements framing a legally binding contract.

A contract must involve the participation of at least two or more parties and usually required to be penned down in writing. It is more than a casual promise made between strangers or friends and a court or other legal system might take steps to make the contract enforceable. It will reserve the right to compel the parties involved to strictly follow what has been written/ agreed to in the contract.

  • An Offer: It can be verbal or written as a promise to successfully execute some action (or refrain from it) in exchange for the set of agreed upon terms. Yes, verbal offers do not stand much chance when it comes to a case in the court of law.
  • Acceptance: In the business contracts, all the terms and conditions are prerequisites in the writing form only. It always ensures that there is not even a shred of doubt left to lay out the points involved in the consent for acceptance. Some of the key points shall include the rights of revocation, expiration dates, suitable forms of acceptance, etc.
  • Consideration: It is the value that each participative party brings forth to a contract. It can be monetary, a barter deal or a promise to carry out a favour in exchange for a particular act. All these expectations are anticipated to be spelled out in a crystal-clear sense, instead of leaving up to the law to interpret later.
  • Mutuality of Obligation: It is the binding agreement that exists between the parties to all the terms of consideration. In case, one party in the contract hold more leverage, for instance the right to cancel the contract, then the court would have the right to decide whether the mutual terms of obligation has been met or not. In case it has not been met, the court can proceed with the action to invalidate the contract.
  • Competency and Capacity: It is imperative for a legal contract to involve the participation of the parties that are legally competent enough as well as in the capacity to agree to the terms mentioned in it. Minors as well as the individuals with restrained mental capacity are deemed unsuitable for the participation under any circumstances. Besides, individuals who are not in the capacity to read and write are also regarded as inappropriate.

When an expert pen down a contract law dissertation topic on our behalf, all the elements pertinent to a rightfully binding contract will remain incorporated in one way or the other. An online assignment help from the right agency would ensure that all the set yardsticks of assignment instructions are duly fulfilled to aim for the top grades on your behalf.

How Our Given List of Contract Law Dissertation Topics Can Make the Difference?

Attending a law school assignment homework is not a one-time state of affair. Our entire curriculum every semester is bombarded with dozens of law assignment homework. It is not merely about dissertation writing only, rather can be in the form of case study help , essay help , research paper writing help or thesis help that we frequently require to ensure a timely submission. When we have a list of well-thought, relevant and trending contract law topics, then things become much easier.

An examiner or assignment evaluator is first and foremost going to set his or her eyes on the topic chosen by the student. If it can arouse curiosity on the mind of the reader and excite him or her to turn the next page, then half of the battle is already won. Our paid assignment help might not be in the topmost preference list of the students, but we would be gladder to help them enlighten their path with topic selection tips worth adding to future assignment submission pipeline.

Contract Law Assignment Help

Facing trouble to pick the right land law dissertation topic? Read the below outstanding blog to come across the finest choices now!

Must read: top 20 land law dissertation topics trending in the year 2021.

The following are the contract law topics that could cover a vast range of legal aspects on which assignments frequently appear for dissertation homework –

  • Why is it essential for small scale entrepreneurs to have proper knowledge of contract law? A primary study from the perspective of the UK.
  • Contract Law: Discussing the necessities of the changing global business environment
  • Give an analysis of the contract law with respect to shipping and cargo transport across five nations from around the world
  • Investigate the criticality of Mudaraba contract under the Islamic law and the impact it has in terms of implementation
  • Litigation or arbitration? Principle for the legal decision making
  • The changing face of the transnational business and its implications on the contract law
  • Comparative analysis of the contract law for small, medium and large-scale enterprises in India
  • Discussing law, code, and interpretations from the advent of the digital age
  • The US Federal Circuit and the contract law: The factor behind modest decision making policy
  • Good faith: An assessment of similarities and dissimilarities under the realm of contract law
  • Online privacy policy implications on contract law in Australia
  • An assessment of the contract law enforcement in public sector of the emerging economies
  • Valuation methodologies of the contract theories: An assessment of the literature
  • Labour contract law implementation in a country like China: Practical challenges, worst case scenario and recommended solutions
  • Contract law vs unjust enrichment: Exploring the setbacks and the barriers to impelling execution
  • Choice Theory of Contracts: A case analysis of the implicit autonomy
  • Business dealings in the emerging economies, the non-contractual associations, and the recourse to the law: An analysis
  • The role of state in contract law from the perspective of the UK
  • An analysis of the complexities in the enforcement of the contract law: The verbal commitments and the non-contractual relations
  • The distinction between the EU and the UK post-Brexit contract law: The salient features
  • The impact of the labour contract law on the composition of immigrant workforce in Singapore: An investigation
  • Exploring deep into the relationship nuances between Business and Human Rights in Law (BHR) and the arbitration in the contract law
  • Contract law and the influence of globalization: Investigating the enablers and the barriers against the effective implementation
  • The online contracts, the pseudo contracts, and the law: How and what is happening?
  • Penalty under the contract law: Arguments from the viewpoint of the Indian Contract Act
  • The legal tenets of contract law and property law in the cases of home-sharing: Evidence from Australia
  • How the European Union has brought changes to its contract law over the period of time?
  • Has the Force Majeure law concept of the French contract gradually eroded the English contract law?
  • Canadian contract law vs German contract law: Compare and contrast
  • Should the concept of the good faith become the part of the US contract law?
  • Discuss and elaborate the history of contract law
  • Differentiate between the English contract law and the French contract law
  • Has the emphasis of the English contract law on contractual certainty lead to the predictability hindering the growth of ensuring the fairness in the contract law? 
  • Bring forth the distinction between the terms implied in the fact and the terms implied in the law
  • Define all the major components of a contract
  • Are the innominate terms and the judicial flexibility in the representation of the innominate terms deem necessary?
  • Under what circumstances the breach of a contract shall get a narrow escape: Discuss with the trade examples of a major country
  • What are the remedies for the breach of a contract?
  • Judicial conservatism and particular performance in the English contract law
  • Under the US contract law, should the judicial conservatism over a specific performance is required to be reassessed?
  • What are the measures that one can take to eschew misinterpretation of the written clause in an agreement under contract law?
  • What are the measures that one can take to set aside a contract that has been framed on the grounds of misrepresentation?
  • How one can classify the key differences between future contract and forward contract?
  • Discuss the measures to set aside a contract that has been placed upon duress
  • How effectively contract law actually deals with the unconscionable exclusion clauses? Discuss with the examples of a few countries
  • Warranties vs representations in the contract law: Compare and contrast
  • Should there be reforms in the contract law privity rule to facilitate the third party to sue on the grounds of a contract for his or her own gains?
  • What are the basic requirements for a contract to be successfully formed?
  • Is there any place for consideration in the modern contract law? Or rather should it get replaced by the basic concept of the contractual intention?
  • Define all the major forms of forward contract: Discuss with examples how they can be tailored for a specific commodity, price, and delivery date.

It is fully anticipated that the list of contract law dissertation topics provided above would ignite the spark in you to choose the most appropriate topic for the next assignment homework. The list can end your quest for the right contract law dissertation topic across all the upcoming semesters if the need may be. We are gladder that our online homework help in this regard could uplift you from the conundrum of choosing a proven and reliable topic.

Do you wish to explore 50 latest topics in the field of taxation law? Visit the below link and see how a diverse list of an immense numbers of topics could highly boost your taxation assignment submissions and their respective grades. 

Must read: top 50 taxation law dissertation topics hotly trending in 2021.

While preparing the list of the contract law dissertation law topics above, our prima facie objective remained to cover different aspects of law. We have tried to cover them with respect to all the major countries of the world where the law is practised. The given list not only feature the topics that can be featured in dissertation assignments but could easily be customised to incorporate different other writing formats as well.

If you have already picked the topic for your next assignment homework from the list given above, but have reservations about the right execution, then it is the time to consult the real pros of the industry. They can not only guide all your queries and question in the right direction but can also deliver practical intervention to finish the homework and submit the same on time.

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Law of Contract-II (Special Contracts) LL.B 2nd Semester Syllabus Download | 3Year LL.B

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The law of contract is important to carry on trade or commerce smoothly because it introduces definiteness in the business transactions.

Contract Law is a form of civil law. Contract Law defines a contract as an agreement that is enforceable by law.

Objectives:

This course enables the students to better appreciate the law governing special contracts like, indemnity, guarantee, agency, etc. which are more relevant in contemporary society.

Law contained in several legislations apart from the Indian Contract Act is taught in this Course.

  • Contract of Indemnity —Definition
  • Nature and Scope – Rights of indemnity holder Commencement of the indemnifier’s liability
  • Contract of Guarantee — Definition
  • Nature and Scope — Difference between contract of indemnity and Guarantee
  • Rights of surety — Discharge of Surety — Extent of Surety’s liability — Co-surety.
  • Contract of Bailment — Definition — Kinds
  • Rights and Duties of Bailor and Bailee — Rights of Finder of goods as Bailee
  • Contract of pledge — Definition —
  • Comparison with Bailment — Rights and duties of Pawnor and Pawnee
  • Agency — Definition
  • Creation of Agency — Kinds of Agents — Distinction between Agent and Servant
  • Rights and Duties of Agent — Relation of Principal with third parties — Delegation
  • Duties and Rights of Agent — Extent of Agents authority
  • Personal liability of Agent — Termination of Agency.
  • Indian Partnership Act — Definition — Nature
  • Mode of determining the existence of Partnership
  • Relation of Partner to one another — Rights and duties of partner
  • Relation of partners with third parties — Types of partners — Admission— Retirement
  • Expulsion of partners Dissolution of Firm — Registration of Firms.
  • Sale of Goods Act — The Contract of sale — Agreement to sell
  • Conditions and Warranties — Passing of property
  • Transfer of title — Performance of the Contract
  • Rights of Unpaid Seller — Remedies for Breach of Contract.

Prescribed Book

  • Singh, Avtar, Law of Contract and Specific Relief, 11th Edition, (Lucknow: Eastern Book Company, 2013)
  • Verma J.P (ed.,) Singh and Gupta, The Law of Partnership in India, (New Delhi: Orient Law House, 1999)
  • Saharay H.K, Indian Partnership and Sale of Goods Act, (Universal, 2000)
  • Nair, Krishnan, Law of Contract,( New Delhi: Orient Law House, 1999)
  • Hire Purchase Act

Reference Books

  • Pollock and Mulla, Indian Contract and Specific Relief Act. 14th Edition, (New Delhi: Lexis Nexis, 2013)
  • Anson, William, Law of Contact, 29th Edition, (Oxford University Press, 2010)
  • Avtar Singh, Principles of the Law of Sale of Goods and Hire Purchase, (Lucknow; Eastern Book House Ltd, 1998)
  • Sir Frederick Pollock and Malla, Pollock and Mulla on the Sale of Goods Act, 9 Edition, (Lexis Nexis: 2014)
  • J.P. Verma (ed.}, Singh and Gupta. The law of partnership in India (New Delhi: Orient Law House, 19994)

Law of Contract-II (Special Contracts) Syllabus PDF Download

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112 Contract Law Topics & Essay Questions with Answers

Contract law governs relationships between individuals and organizations. This list of contract law topics will guide you into the complex world of contractual agreements. Read these contract law research paper topics to learn the contract formation principles. You’ll also find the most interesting contract law essay questions and answers!

📜 TOP 7 Contract Law Topics

🏆 best contract law research paper topics, 🧐 contract law essay questions and answers, 🎓 interesting contract lae essay questions, 💡 simple contract law topics, ❓ examples of contract law essay topics.

  • Law of Contracts: Everything You Need to Know
  • Consideration in the Law of Contract
  • Contract Law: Legal Case Studies
  • Contract Law: Analysis of the Concept
  • Contract Law: Hamer v. Sidway Case and Court Decision
  • Contract Law: Rental Property Lease Agreement
  • Unidroit Contract Law and Islamic Law
  • Aspects of the Law of Contracts The paper discusses the law of contracts. Since the couple did not enter into a contract, they are not obliged to make further payments for the car.
  • Contract Law: A Claim Against the Subaru Dealership The issue here is if the petitioner has a claim against the Subaru dealership for breach of contract and the actions, under contract law that she can bring against the dealership.
  • Business Law: Consent and Contract Enforceability This paper aims to discuss a lack of voluntary consent as a key defense to contract enforceability and provides a historical analysis of the topic and outline cases.
  • The Effects of Contract Law on the Country’s Economy The study establishes the impact of contract law on the economy of the country. The economy of a country is majorly composed of trade and employment.
  • Legal Liability: Tort, Terms of a Contract, or a Statute and Law Tort liability presupposes the responsibility for doing any kind of harm to a person. As a rule, three types of tort liability are traditionally distinguished.
  • Contract Law Case: Nursing Home vs. Paul The paper discusses if the nursing home wants Paul to pay for the Bill of Max’s Care, will they succeed and will Paul be responsible.
  • Acceptance of Offer Under English Contract Law In the case of offers made through public advertisements, the offer made by the person is not directed to any particular individual but to the world at large.
  • International Trade Law: Cif Contract CIF contracts are one of the most popular trade agreements between a buyer and a seller in the sphere of international trade when sea carriage is used.
  • Contract Law: Comedy Club, Inc. v. Improv West Associates The agreement between Improve West associates’ and the Improve Comedy Club prohibits the Improve Club from opening any non-improve clubs till 2019.
  • Researching the Contract Law Having knowledge of contract law is quite significant for everyday life as people are prone to enter into contracts more often than not.
  • The Dutch Business Law: The Performance of a Contract The performance of a contract is made either wholly or partly. Courts give the contract meaning through interpretation of the terms agreed by the parties.
  • Contract Law: Josh Hartly’s and the Car Dealer Case This essay examines a case study that outlines the nature and application of the mutual mistakes policies in a contract law. Both Josh and the sales person enter into the contract.
  • Business Law: The Terms Used in a Contract The paper states that understanding the terms used in a contract between business partners, buyers, sellers, and other parties is essential.
  • Contracts in Corporate Law: Role of the Uniform Commercial Code The Uniform Commercial Code governs corporate businesses; it dictates how contracts are to be formulated, their extents, and how breaches should be addressed.
  • The Common Law and the Contract Signing The breach of a contract can lead to heavy consequences for either party. The common law is far stricter about the contract signing than the UCC.
  • Contract vs. Tort Law in the United States In modern society, there are several legal concepts applicable to various situations. This essay will analyze tort law and contract law and their similarities and differences.
  • Civil Law Groups: Family Relations, Property, Contracts, and Tort Civil law cases usually involve disagreements or conflicts between people and organizations, primarily over financial matters.
  • Understanding of Contract Law The contract law establishes the framework wherein parties can determine their rights, responsibilities, and powers towards each other.
  • The Use of Contract Law in the Sports Industry This article provides two annotated bibliographies that can be used when writing a paper on the use of contract law in the sports industry.
  • Elements of a Contract: Commercial Law for Employees The elements are a requisite for a contract to be enforced. Failure to prove any of the elements renders the contract voidable, thus it cannot be enforced.
  • Contract Law Case: Charlie vs. Best Bargain This paper discusses will Charlie prevailed against Best Bargain Stores after he was denied a load washer for $1.00 that was advertised.
  • Contract Law for the Most Common Types of Businesses Sole proprietorship, partnership, corporations, and LLC all have their specific procedure for contract creation.
  • Business and Corporate Law: Defenition of Contract The laws that give rise to various types of contracts include the constitution, the statutes, regulations from administrative agencies or court rulings on disputes.
  • Contract Law Case: Reliabuild vs. Bill The paper discusses if Reliabuild claims the $350,000 from Bill as damages for breach of contract, Will Bill succeed in his defense.
  • Contract Law and Consumer Protection Act A contract is a legally binding exchange of promises or agreements between parties that the law will enforce. Contract law is based on the Latin phrase pacta sunt servanda.
  • Contract Law: 1861 Group, LLC v. Wild Oats Markets, Inc. 1861 Group, LLC v. Wild Oats Markets, Inc. Cases are so helpful in today’s society whereby parties are advised not to limit their negotiations on the act of faith.
  • Law Contracts and Ways to Break the Contract The contract can be perceived as a bond between two parties that is based on reciprocal agreements and is expected to be followed by the parties involved in it.
  • Contract, Violations, and the UAE Federal Law The paper contains a contract agreement made between the Abu Dhabi Government and the Borat Construction Company and explores the issues following the signing.

In this section, we invite you to have a look at several contract law questions and possible answers. However, note that these issues are complex and require a thorough understanding of contract law principles. You would need to refer to authoritative sources for in-depth analysis. But now, let’s get inspired!

  • China’s New Labor Contract Law: State Regulation and Worker Rights in Global Production Networks
  • “Smart” Contracts as the Beginning of the End of Classic Contract Law
  • Contract Law and the Institutional Preconditions of a Market Economy
  • Having the Cake and Eating It Too: Efficient Penalty Clauses in Common and Civil Contract Law
  • Understanding Contract Law and How to Form Contracts on the Internet
  • Alive and Well: The Good Faith Principle in Turkish Contract Law
  • Insurance Contract Law and the Concepts of Misrepresentation and Non-Disclosure
  • Third Party Rights Under UK Contract Law: A Critique of the 1999 Act
  • Contract Law From Law and Economics Perspective
  • The Pros and Cons of the Law Reform Commission Recognizing the Doctrine of Unfairness in Contract Law for Consumer Protection in Irish Law
  • Economic Reasoning and the Framing of Contract Law: Sale of an Asset of Uncertain Value
  • Contract Law and Economics: Cycles and Equilibrium in the Cannon of North American Legal Thought
  • Efficient Third Party Liability of Auditors in Tort Law and in Contract Law
  • Contract Law and the Governance of Inter‐Firm Technology Partnerships: An Analysis of Different Modes of Partnering and Their Contractual Implications
  • The US Federal Circuit and the Contract Law: The Factor Behind Modest Decision-Making Policy
  • Faulty Goods and Unfair Contract Exclusions: Cases of English Contract Law
  • Contract Law: Elements and Specific Terms in Business Contracts
  • Risk Sharing, Diversification, and Moral Hazard in Roman Palestine: Evidence From Agricultural Contract Law
  • Good Contract Law: Termination or Renegotiation of Contracts
  • Contract Law vs Unjust Enrichment: Setbacks and Barriers to Impelling Execution
  • Unemployment Duration and Job-Match Quality in Urban China: The Dynamic Impact of 2008 Labor Contract Law
  • Contract Law, Mutual Mistake, and Incentives to Produce and Disclose Information
  • Good Faith: An Assessment of Similarities and Dissimilarities Under the Realm of Contract Law
  • Contract Law and the Impact of Globalization: Enablers and Barriers to Effective Implementation
  • Contract Law Enforcement in the Public Sector of the Emerging Economies
  • Business and Corporation Law: Contract Law and Dispute Resolution
  • China’s New Labor Contract Law: No Harm to Employment
  • Contract Law and the Self-Enforcing Range of Contracts in Agriculture
  • Embedded Options and the Case Against Compensation in Contract Law
  • Contract Law and the Doctrine of Consideration in the United Kingdom
  • English Contract Law Recognizes Freedom of Contract
  • Online Privacy Policy Implications on Contract Law in Australia
  • Contract Law Enforces the Right of Contractual Freedom
  • How China’s New Labor Contract Law Affects Floating Workers
  • Contract Law From Christian Worldview Perspective
  • International Business Climate and Germany Partnership, Agency, and Contract Law
  • Smart Contracts in the New Era of Contract Law
  • Principles of Asian Contract Law at the Crossroads of Standardization and Legal Pluralism
  • Contract Law: Legal, Ethical, and Social Issues in Computing
  • Multilateral Reputation Mechanisms and Contract Law in Agriculture: Complement or Substitutes
  • Contract Law Mistakes and Fraudulent Misrepresentation
  • Personal Versus Impersonal Trade: The Size of Trading Groups and Contract Law
  • Contract Law: Privity and the Rights of Third Parties
  • The Labor Contract Law, Macro Conditions, Self-Selection, and Labor Market Outcomes for Migrants in China
  • Contract Law Problem Questions: Breach of Contract and Contract Termination
  • The Distinction Between the EU and the UK Post-Brexit Contract Law
  • Comparative Analysis of the Contract Law for Small, Medium, and Large-Scale Enterprises in India
  • Should the Concept of Good Faith Become Part of the US Contract Law?
  • The Changing Face of the Transnational Business and Its Implications on the Contract Law
  • Contract Law: The Necessities of the Changing Global Business Environment
  • What Is the Meaning of the Contract Law?
  • How Do Smart Contracts Impact the Traditional Concepts of Contract Law?
  • Why Do You Need a Contract: What Are the Reasons for Contract Law?
  • What Is the Difference Between Tort and Contract Law?
  • Are There Similarities Between Chinese Contract Law and English Contract Law?
  • What Are the 3 Main Rules in Contract Law?
  • How Does Contract Law Affect Society?
  • What Is the Value of Contract Law?
  • Is Contract Law State or Federal?
  • What Is Government Contracts Law?
  • How Does the State Play a Role in Contract Law?
  • What Is Contract Law and Why Is It Important?
  • Is There the Relationship Between Contract Law and Property Law?
  • What Is the Aim of Contract Law?
  • How Did Contract Law Develop?
  • What Is the Most Basic Rule of Contract Law?
  • Is Contract Law Critical to Modern Business?
  • What Type of Law Is Contract Law?
  • Is There Fraudulent Misrepresentation in Contract Law?
  • What Are Basic Contract Law Principles?
  • Why Is It Important to Study Contract Law?
  • Are There Common Mistakes in Contract Law?
  • What Are the Offer and Acceptance in Contract Law?
  • Is the Consumer Contracts Law a Special Branch of Contract Law?
  • What Is the Good Faith Principle in Contract Law?
  • How Hard Is Contract Law?
  • What Are the Advantages and Disadvantages of Contract Law?

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StudyCorgi. (2022, July 14). 112 Contract Law Topics & Essay Questions with Answers. https://studycorgi.com/ideas/contract-law-essay-topics/

"112 Contract Law Topics & Essay Questions with Answers." StudyCorgi , 14 July 2022, studycorgi.com/ideas/contract-law-essay-topics/.

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1. StudyCorgi . "112 Contract Law Topics & Essay Questions with Answers." July 14, 2022. https://studycorgi.com/ideas/contract-law-essay-topics/.

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StudyCorgi . "112 Contract Law Topics & Essay Questions with Answers." July 14, 2022. https://studycorgi.com/ideas/contract-law-essay-topics/.

StudyCorgi . 2022. "112 Contract Law Topics & Essay Questions with Answers." July 14, 2022. https://studycorgi.com/ideas/contract-law-essay-topics/.

These essay examples and topics on Contract Law were carefully selected by the StudyCorgi editorial team. They meet our highest standards in terms of grammar, punctuation, style, and fact accuracy. Please ensure you properly reference the materials if you’re using them to write your assignment.

This essay topic collection was updated on January 22, 2024 .

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  • Westlaw Edge
  • Agriculture

Contract titles available in Aspen Study Aids include:

Contract Law: In Other Words Video Series

Contract law: in other words audio series, examples & explanations for contracts, inside contract law: what matters and why, glannon guide to contracts: learning contracts through multiple-choice questions and answers, third edition, friedman's practice series for contracts, second edition.

Lexis Digital Library titles include:

  • Understanding Contracts. 2018 This Understanding treatise is designed for first-year law students enrolled in Contracts. The text explains common law principles of contract law using cases and examples that students commonly encounter in this first-year course. It also explains and illustrates Article 2 of the Uniform Commercial Code, which deal with sales of goods that are frequently covered in Contracts. This edition includes material on the United Nations Convention on the International Sale of Goods, and the UNIDROIT Principles of International Commercial Contracts, appropriate to a basic course in Contracts, and on modern statutes regarding electronic contracting. The fourth edition contains a revised chapter on the difficult concept of Promissory Estoppel and includes discussions of recent decisions dealing with consumer arbitration clauses.
  • Questions & Answers: Contracts. 2014 Understand better what you're learning in Contracts class and prepare effectively for exams by applying concepts as you learn them. This study guide includes 230 multiple-choice and short-answer questions arranged topically for ease of use during the semester, plus an additional set of 20 questions comprising a comprehensive "practice exam." For each multiple-choice question, Professor Rowley provides a detailed answer that indicates which of four options is the best answer and explains thoroughly why that option is better than the other three options. Each short-answer question is designed to be answered in fifteen minutes or less. For these questions, Professor Rowley provides a thoughtful, comprehensive, yet brief model answer. more... less... Questions Practice Final Exam: Questions Answers Practice Final Exam: Answers Index
  • Skills & Values Contracts, Second. 2015 The Skills & Values Series is an innovative hybrid series of subject-specific, practice-oriented books and online materials supported by Web Courses (powered by Blackboard 9.1). The series is designed as a tool for professors to teach practical and analytical skills that can help students serve future clients competently, skillfully, and in an ethical manner. Skills & Values: Contracts allows students to experience the connection between theory, doctrine, and practice in Contracts law. The exercises provide an opportunity for studying Contract concepts from the perspective of a practicing attorney who must not only know the law, but also employ lawyering skills and values - such as legal strategy, factual development, advocacy, counseling, drafting, problem solving, and ethical principles - in zealously representing a client.
  • Mastering Contract Law. 2016 Mastering Contract Law explores the basic principles and purposes of contract law, including a discussion of background principles and traditions of private ordering. The book explains contract formation, interpretation, and the requirement of written evidence for enforcement of certain types of promises. It explores the themes and doctrines of reliance, restitution, and the importance of public policy in contract law. Chapters include all of the areas of contract law typically covered in the first-year course, including the bargained-for exchange, unenforceable contracts, performance and breach, obstacles to performance, modification, pre-contractual obligation, remedies and damages, and stakeholders other than contracting parties, including the third-party beneficiary doctrine, delegation and assignment.The organization of the book reflects the five sequential questions that frame the thought processes of lawyers and judges dealing with contracts issues.

Many more titles can be found on West Academic.   Go to the MYLaw Portal and West Academic is available under Maine Law Quick Links. Contract study guides include:

  • Contracts in a Nutshell. "This Nutshell provides a comprehensive guide to the law of contracts. It contains expert explanations of contract concepts under both the common law and Article 2 of the Uniform Commercial Code. It also includes the basics of the Law of Restitution and an introduction to digital contracting." more... less... Chapter 1 Introduction Chapter 2 Contract Formation Chapter 3 Statute of Frauds Chapter 4 Contract Interpretation Chapter 5 Defenses Chapter 6 Events That Excuse Performance Chapter 7 Contract Modification Chapter 8 Performance Chapter 9 Remedies Chapter 10 Restitution (Unjust Enrichment) Chapter 11 Third Party Beneficiaries Chapter 12 Assignment of Rights and Delegation of Duties Chapter 13 Discharge Chapter 14 Contracts Questions Chapter 15 A Framework for Review
  • Exam Pro On Contracts, Objective Description: Brain's Exam Pro on Contracts, Objective Questions includes over 330 objective questions covering every substantive area of Contract Law. Each answer choice explains why each answer is either correct or incorrect. Elements and rules are explained in easy-to-understand language, with a step-by-step guide on how to analyze question-types. Liberal citation to applicable sections of the Restatement (Second) Contracts, the Uniform Commercial Code, and important contract law cases, allows the students to match a question to his or her outline and class discussion. Exam preparation tips include how to prepare for graded exams, how professors construct multiple choice questions, and how to avoid common “distracters.”
  • Brain's Exam Pro on Contracts, Essay Description: This Exam Pro consists of essay questions actually given by Contracts professors throughout the United States. Every question contains a detailed explanation, along with analytical steps explained in easy-to-understand, basic language, and a step-by-step guide on how to analyze each major issue.
  • BarBri Outlines on Lexis BarBri outlines are available from Lexis. Use your Law School Lexis password.
  • Westlaw Outlines & Suggested Resources Westlaw provides outline shells and suggested resources with their Law School Tool Kit.
  • Principles of Contract Law by Robert Hillman Call Number: UMLAW Reserve KF801 .H525 2014 ISBN: 9780314288943 Publication Date: 2013-12-06 Contents Bargain theory for enforcing promises and the requirement of an agreement -- Additional theories for enforcing promises -- The Statute of Frauds -- Remedies -- Policing contracts -- The parol evidence rule and contract interpretation -- Conditions and breach -- Grounds for excusing performance -- Third parties
  • Center for Computer Assisted Legal Instruction The Center is best known for CALI Lessons, online interactive tutorials in legal subjects.
  • U.Maine Law Students. To receive a CALI password Please contact the reference desk at 780-4351 or [email protected] or [email protected] The CALI database is only available to University of Maine School of Law students.
  • Acceptance This lesson deals with one aspect of contract formation, acceptance. Acceptance is the manifestation of assent that is made by the offeree in response to an offer. In this lesson, you will learn how a party can accept an offer at common law. The lesson takes up issues such as the manner of acceptance, who can accept, silence as acceptance, rejection and counter-offer. The lesson ends with a short analysis exercise on the subject of acceptance.
  • Accord and Satisfaction This lesson explores discharge of a debt by accord and satisfaction. It can be run either as an introduction to the study of accord and satisfaction or as a review after you have completed your study.
  • Agreements Lacking Consideration: Gift Promises This lesson takes a look at one type of agreement that lacks consideration: gift promises. Consideration is often described as the bargained-for-exchange. The bargained-for-exchange is what induces the making of the promise by the offeror and the promise induces the furnishing of the consideration by the offeree. Consideration is the ordinary means for justifying the enforcement of the promises by the parties. Where a gift is made, bargained-for-exchange is lacking and the promises are not enforceable. This lesson sets out the basic requisites for identifying and evaluating a gift promise. The general attributes of consideration are covered in other lessons.
  • Agreements Lacking Consideration: Past Consideration and Moral This lesson takes a look at two types of agreements that lack consideration: those supported by past consideration or moral obligation. Consideration is often described as the bargained-for-exchange. The bargained-for-exchange is what induces the making of the promise by the offeror and the promise induces the furnishing of the consideration by the offeree. Consideration is the ordinary means for justifying the enforcement of the promises by the parties. Where consideration was given in the past or the promisee is only morally obligated to make the promise, bargained-for-exchange is lacking and the promises are not enforceable.
  • Anticipatory Repudiation and Assurances of Performance This lesson explores the contours of anticipatory repudiation, including the repudiating promisor's ability to retract his repudiation, the nonrepudiating promisee's right to demand adequate assurances of performance, and the effect of the promisor's repudiation on the promisee's obligation to perform.

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Contracts—Highly Tested MBE Topics, Charts, and a Checklist!

Contracts Number of Questions

1. Introduction

Article 2 applies to the sale of goods. Common law applies to services and everything else.

2. Contract Formation

A contract has three elements: offer + acceptance + consideration.

Elements of a Contract

  • You need intent to enter into a contract + specific terms ( price , quantity , parties ).
  • An offer must be communicated to be accepted.

Offer creation

  • Termination of an offer: There are four ways to terminate an offer:

How an Offer Can Terminate

  • Lapse of time : an offer lapses after a reasonable time.
  • Rejection (including a counteroffer)
  • F irm offer (by a merchant in a signed writing under Article 2)
  • O ption contract (promise + consideration)
  • U nilateral contract (beginning performance on a unilateral contract)
  • R easonably foreseeable substantial reliance on the offer
  • Death or incapacity of offeror
  • Bilateral contracts (most contracts) are accepted by promise or beginning performance.
  • Unilateral contracts (rewards, prize, or offers that specify they are unilateral) can only be accepted by full performance.

Bilateral versus unilateral contracts

  • Article 2 —an offer for goods can be accepted by promising to ship, or shipping goods.
  • an option contract , or
  • if a rejection then acceptance is mailed (the one received first controls).
  • If an acceptance then rejection is mailed (the mailbox rule applies)
  • Common law: acceptance must be mirror image of offer or it is not an acceptance (it is a counteroffer).

Mirror-image rule

  • UCC: Acceptance does not need to mirror the offer. An acceptance may have an additional or different term (UCC 2-207). Between merchants, the additional term will be a part of the contract unless it materially alters it, the offeror objects within a reasonable time, or the offer limits acceptance to the terms of the offer.

Different or additional terms in the acceptance or confirmation

  • “Bargained-for exchange”
  • Things that do not constitute consideration: a promise to make a gift, past consideration, moral obligation, and illusory promise.

Not Considered Consideration

  • Common law: there needs to be consideration to modify a contract (preexisting legal duty rule), unless there is a lawsuit settlement/release, unforeseen difficulty, preexisting duty to a third person, a written promise to pay a debt barred by the statute of limitations, or a payment in full/good faith dispute of a debt.
  • UCC: Only good faith is needed. One does not need consideration to modify a contract.

3. Contract Interpretation

  • General rule: Express terms control. Then courts look to course of performance, course of dealing, and trade usage.
  • Applies when one wants to add a term from preliminary negotiations to a final written agreement .

Parol Evidence Rule

  • If there is a complete integration (usually a merger clause), nothing comes in.
  • If there is a partial integration , consistent additional terms are allowed in.
  • The parol evidence rule does not apply to FICCL : f ormation defenses, i nterpretation of a contract term, failure of a c ondition precedent , c lerical errors or a l ater modification .

When the Parol Evidence Rule Does Not Apply (FICCL)

  • Express warranties (affirmation of fact or a sample) cannot be disclaimed.
  • Implied warranty of merchantability is made by a merchant that goods are fit for their ordinary purpose. It can be disclaimed.
  • Implied warranty of fitness for a particular purpose can be made by any seller who knows of the buyer’s specific purpose. It can be disclaimed.

4. Performance obligations

  • Exception: Express condition (e.g., “I will buy it if I like it” or “I will buy it if I can get a 10% interest rate.”). An express condition needs to be complied with exactly.

Installment Contracts

  • Exception: Installment contract. The buyer cannot reject unless there is a “substantial impairment,” and even then, the seller may cure.

contract 2 assignment topics

  • A buyer may accept or reject nonconforming goods. If he accepts goods, he may later revoke his acceptance, but revocation is a higher standard than rejection.

Revocation of Acceptance of Goods

  • Carrier cases: Most are shipment contracts, and the seller only has to get the goods to the “shipper” and the risk of loss (ROL) passes to the buyer. For destination contracts (limited to when the contract says “FOB Buyer’s Place of Business” or “Ex-Ship”), the seller has to get it to the destination.
  • If the other party breaches (i.e., an anticipatory repudiation vs. a prospective inability to perform)
  • Waiver of condition
  • Performance
  • Occurrence of a condition subsequent
  • Agreement (novation, modification, accord and satisfaction, rescission, release)
  • Changed circumstances so it becomes impossible or the purpose is frustrated

5. Defenses

  • Satisfaction of SoF: you need a writing signed by the defendant that evidences a contract.

Statute of Frauds Requirements

  • M arriage , contracts for over a y ear , l and , e xecutor , sale of g oods over $500, s urety

Contracts Falling Within the Statute of Frauds

  • Land: part performance (two of the following three: moving in, paying a substantial amount of the purchase price, or improving the land a significant amount).
  • Sale of goods (mnemonic = MAPS)

UCC Statute of Frauds Exceptions (MAPS)

  • Confirmatory m emo between merchants: if one sends another a writing signed by him within a reasonable time showing there is a contract and the other fails to object in writing to the contents of the writing within 10 days of receipt.
  • Judicial a dmissions: if one admits a contract in a pleading or testimony.
  • Part p erformance: if one pays for or accepts a part of a contract, it is enforceable up to that amount.
  • S pecially manufactured goods: goods that are specially manufactured for the buyer and not suitable for sale to others in the seller’s ordinary course of business and the seller has made a substantial beginning, then the entire contract is enforceable.
  • Legal incapacity for minors, mentally incompetent persons, or intoxicated persons.

Legal incapacity

  • Duress: This is a high bar. The contract is voidable.
  • Undue influence: Unfair persuasion from a person in a position of trust, confidence, or dominance. The contract is voidable.
  • Mutual mistake: if both parties are mistaken about a basic assumption of fact that materially affects the agreed upon exchange and neither bears the risk, the contract is voidable.
  • Unilateral mistake: if one party is mistaken and the other person knew or had reason to know , then the contract is voidable.
  • Mutual misunderstanding: if both parties have a different understanding of a material term that is open to at least two reasonable interpretations and neither party has any reason to know the meaning attached by the other— no contract.
  • Fraud , misrepresentation , or nondisclosure
  • Illegality or public policy

6. Remedies

  • General rule: you get expectation damages.

Expectation Damages

  • Incidental damages are those related to avoiding the loss from the breach.
  • Consequential damages are those that are foreseen at the time the contract is entered into.
  • Mitigation of damages is required.
  • Seller breaches and buyer has goods: buyer gets the value of the goods as contracted for – the value of the goods as delivered + incidentals and consequentials.
  • Seller breaches and seller has goods: buyer gets the difference between the market price (or replacement price) and contract price + incidentals and consequentials – expenses saved.
  • Buyer breaches and buyer has goods: seller gets the contract price.
  • Buyer breaches and seller has the goods: seller gets the difference between the contract price and market price (or resale price) + incidentals – expenses saved.
  • Lost volume seller: seller gets lost profits plus incidentals.
  • Specific performance is not usually available unless the goods are unique or if it is a land contract.
  • Liquidated damages are enforceable if they are difficult to estimate at the time of contract and a reasonable forecast of damages.

Damages summary chart

Damages summary chart

7. Third-party rights

  • Intended third-party beneficiaries have rights under a contract assuming their rights vest.
  • Is the TPB expressly designated in the contract?
  • Is performance directly to the TPB?
  • Does the TPB have any rights under the contract?
  • What is the relationship between the TPB and the promisee?

Intended Versus Incidental Third-Party Beneficiaries

  • Incidental third-party beneficiaries do not have rights under a contract.
  • One can generally delegate a contract unless the contract prohibits it (by saying “no delegation” or “no assignments”) or if the contract involves skill, judgment, or trust.
  • You do not need consent , consideration , or a writing to delegate duties.
  • The delegator is always liable. The delegatee is liable if consideration was paid.
  • Generally, rights can be assigned unless the assignment substantially changes the obligor’s duties or the contract prohibits it.
  • An assignment may be revoked if there was no consideration for it. An assignor may not revoke an assignment if there is consideration or if it is payment for a preexisting debt.

Delegation

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14.2: Assignment of Contract Rights

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Learning Objectives

  • Understand what an assignment is and how it is made.
  • Recognize the effect of the assignment.
  • Know when assignments are not allowed.
  • Understand the concept of assignor’s warranties

The Concept of a Contract Assignment

Contracts create rights and duties. By an assignment , an obligee (one who has the right to receive a contract benefit) transfers a right to receive a contract benefit owed by the obligor (the one who has a duty to perform) to a third person ( assignee ); the obligee then becomes an assignor (one who makes an assignment).

The Restatement (Second) of Contracts defines an assignment of a right as “a manifestation of the assignor’s intention to transfer it by virtue of which the assignor’s right to performance by the obligor is extinguished in whole or in part and the assignee acquires the right to such performance.”Restatement (Second) of Contracts, Section 317(1). The one who makes the assignment is both an obligee and a transferor. The assignee acquires the right to receive the contractual obligations of the promisor, who is referred to as the obligor (see Figure 14.1 "Assignment of Rights" ). The assignor may assign any right unless (1) doing so would materially change the obligation of the obligor, materially burden him, increase his risk, or otherwise diminish the value to him of the original contract; (2) statute or public policy forbids the assignment; or (3) the contract itself precludes assignment. The common law of contracts and Articles 2 and 9 of the Uniform Commercial Code (UCC) govern assignments. Assignments are an important part of business financing, such as factoring. A factor is one who purchases the right to receive income from another.

Figure 14.1 Assignment of Rights

Screen Shot 2020-03-26 at 2.35.54 PM.png

Method of Assignment

Manifesting assent.

To effect an assignment, the assignor must make known his intention to transfer the rights to the third person. The assignor’s intention must be that the assignment is effective without need of any further action or any further manifestation of intention to make the assignment. In other words, the assignor must intend and understand himself to be making the assignment then and there; he is not promising to make the assignment sometime in the future.

Under the UCC, any assignments of rights in excess of $5,000 must be in writing, but otherwise, assignments can be oral and consideration is not required: the assignor could assign the right to the assignee for nothing (not likely in commercial transactions, of course). Mrs. Franklin has the right to receive $750 a month from the sale of a house she formerly owned; she assigns the right to receive the money to her son Jason, as a gift. The assignment is good, though such a gratuitous assignment is usually revocable, which is not the case where consideration has been paid for an assignment.

Acceptance and Revocation

For the assignment to become effective, the assignee must manifest his acceptance under most circumstances. This is done automatically when, as is usually the case, the assignee has given consideration for the assignment (i.e., there is a contract between the assignor and the assignee in which the assignment is the assignor’s consideration), and then the assignment is not revocable without the assignee’s consent. Problems of acceptance normally arise only when the assignor intends the assignment as a gift. Then, for the assignment to be irrevocable, either the assignee must manifest his acceptance or the assignor must notify the assignee in writing of the assignment.

Notice to the obligor is not required, but an obligor who renders performance to the assignor without notice of the assignment (that performance of the contract is to be rendered now to the assignee) is discharged. Obviously, the assignor cannot then keep the consideration he has received; he owes it to the assignee. But if notice is given to the obligor and she performs to the assignor anyway, the assignee can recover from either the obligor or the assignee, so the obligor could have to perform twice, as in Exercise 2 at the chapter’s end, Aldana v. Colonial Palms Plaza . Of course, an obligor who receives notice of the assignment from the assignee will want to be sure the assignment has really occurred. After all, anybody could waltz up to the obligor and say, “I’m the assignee of your contract with the bank. From now on, pay me the $500 a month, not the bank.” The obligor is entitled to verification of the assignment.

Effect of Assignment

General rule.

An assignment of rights effectively makes the assignee stand in the shoes of the assignor. He gains all the rights against the obligor that the assignor had, but no more. An obligor who could avoid the assignor’s attempt to enforce the rights could avoid a similar attempt by the assignee. Likewise, under UCC Section 9-318(1), the assignee of an account is subject to all terms of the contract between the debtor and the creditor-assignor. Suppose Dealer sells a car to Buyer on a contract where Buyer is to pay $300 per month and the car is warranted for 50,000 miles. If the car goes on the fritz before then and Dealer won’t fix it, Buyer could fix it for, say, $250 and deduct that $250 from the amount owed Dealer on the next installment (called a setoff). Now, if Dealer assigns the contract to Assignee, Assignee stands in Dealer’s shoes, and Buyer could likewise deduct the $250 from payment to Assignee.

The “shoe rule” does not apply to two types of assignments. First, it is inapplicable to the sale of a negotiable instrument to a holder in due course. Second, the rule may be waived: under the UCC and at common law, the obligor may agree in the original contract not to raise defenses against the assignee that could have been raised against the assignor.Uniform Commercial Code, Section 9-206. While a waiver of defenses makes the assignment more marketable from the assignee’s point of view, it is a situation fraught with peril to an obligor, who may sign a contract without understanding the full import of the waiver. Under the waiver rule, for example, a farmer who buys a tractor on credit and discovers later that it does not work would still be required to pay a credit company that purchased the contract; his defense that the merchandise was shoddy would be unavailing (he would, as used to be said, be “having to pay on a dead horse”).

For that reason, there are various rules that limit both the holder in due course and the waiver rule. Certain defenses, the so-called real defenses (infancy, duress, and fraud in the execution, among others), may always be asserted. Also, the waiver clause in the contract must have been presented in good faith, and if the assignee has actual notice of a defense that the buyer or lessee could raise, then the waiver is ineffective. Moreover, in consumer transactions, the UCC’s rule is subject to state laws that protect consumers (people buying things used primarily for personal, family, or household purposes), and many states, by statute or court decision, have made waivers of defenses ineffective in such consumer transactions . Federal Trade Commission regulations also affect the ability of many sellers to pass on rights to assignees free of defenses that buyers could raise against them. Because of these various limitations on the holder in due course and on waivers, the “shoe rule” will not govern in consumer transactions and, if there are real defenses or the assignee does not act in good faith, in business transactions as well.

When Assignments Are Not Allowed

The general rule—as previously noted—is that most contract rights are assignable. But there are exceptions. Five of them are noted here.

Material Change in Duties of the Obligor

When an assignment has the effect of materially changing the duties that the obligor must perform, it is ineffective. Changing the party to whom the obligor must make a payment is not a material change of duty that will defeat an assignment, since that, of course, is the purpose behind most assignments. Nor will a minor change in the duties the obligor must perform defeat the assignment.

Several residents in the town of Centerville sign up on an annual basis with the Centerville Times to receive their morning paper. A customer who is moving out of town may assign his right to receive the paper to someone else within the delivery route. As long as the assignee pays for the paper, the assignment is effective; the only relationship the obligor has to the assignee is a routine delivery in exchange for payment. Obligors can consent in the original contract, however, to a subsequent assignment of duties. Here is a clause from the World Team Tennis League contract: “It is mutually agreed that the Club shall have the right to sell, assign, trade and transfer this contract to another Club in the League, and the Player agrees to accept and be bound by such sale, exchange, assignment or transfer and to faithfully perform and carry out his or her obligations under this contract as if it had been entered into by the Player and such other Club.” Consent is not necessary when the contract does not involve a personal relationship.

Assignment of Personal Rights

When it matters to the obligor who receives the benefit of his duty to perform under the contract, then the receipt of the benefit is a personal right that cannot be assigned. For example, a student seeking to earn pocket money during the school year signs up to do research work for a professor she admires and with whom she is friendly. The professor assigns the contract to one of his colleagues with whom the student does not get along. The assignment is ineffective because it matters to the student (the obligor) who the person of the assignee is. An insurance company provides auto insurance covering Mohammed Kareem, a sixty-five-year-old man who drives very carefully. Kareem cannot assign the contract to his seventeen-year-old grandson because it matters to the insurance company who the person of its insured is. Tenants usually cannot assign (sublet) their tenancies without the landlord’s permission because it matters to the landlord who the person of their tenant is. Section 14.4.1 "Nonassignable Rights" , Nassau Hotel Co. v. Barnett & Barse Corp. , is an example of the nonassignability of a personal right.

Assignment Forbidden by Statute or Public Policy

Various federal and state laws prohibit or regulate some contract assignment. The assignment of future wages is regulated by state and federal law to protect people from improvidently denying themselves future income because of immediate present financial difficulties. And even in the absence of statute, public policy might prohibit some assignments.

Contracts That Prohibit Assignment

Assignability of contract rights is useful, and prohibitions against it are not generally favored. Many contracts contain general language that prohibits assignment of rights or of “the contract.” Both the Restatement and UCC Section 2-210(3) declare that in the absence of any contrary circumstances, a provision in the agreement that prohibits assigning “the contract” bars “only the delegation to the assignee of the assignor’s performance.”Restatement (Second) of Contracts, Section 322. In other words, unless the contract specifically prohibits assignment of any of its terms, a party is free to assign anything except his or her own duties.

Even if a contractual provision explicitly prohibits it, a right to damages for breach of the whole contract is assignable under UCC Section 2-210(2) in contracts for goods. Likewise, UCC Section 9-318(4) invalidates any contract provision that prohibits assigning sums already due or to become due. Indeed, in some states, at common law, a clause specifically prohibiting assignment will fail. For example, the buyer and the seller agree to the sale of land and to a provision barring assignment of the rights under the contract. The buyer pays the full price, but the seller refuses to convey. The buyer then assigns to her friend the right to obtain title to the land from the seller. The latter’s objection that the contract precludes such an assignment will fall on deaf ears in some states; the assignment is effective, and the friend may sue for the title.

Future Contracts

The law distinguishes between assigning future rights under an existing contract and assigning rights that will arise from a future contract. Rights contingent on a future event can be assigned in exactly the same manner as existing rights, as long as the contingent rights are already incorporated in a contract. Ben has a long-standing deal with his neighbor, Mrs. Robinson, to keep the latter’s walk clear of snow at twenty dollars a snowfall. Ben is saving his money for a new printer, but when he is eighty dollars shy of the purchase price, he becomes impatient and cajoles a friend into loaning him the balance. In return, Ben assigns his friend the earnings from the next four snowfalls. The assignment is effective. However, a right that will arise from a future contract cannot be the subject of a present assignment.

Partial Assignments

An assignor may assign part of a contractual right, but only if the obligor can perform that part of his contractual obligation separately from the remainder of his obligation. Assignment of part of a payment due is always enforceable. However, if the obligor objects, neither the assignor nor the assignee may sue him unless both are party to the suit. Mrs. Robinson owes Ben one hundred dollars. Ben assigns fifty dollars of that sum to his friend. Mrs. Robinson is perplexed by this assignment and refuses to pay until the situation is explained to her satisfaction. The friend brings suit against Mrs. Robinson. The court cannot hear the case unless Ben is also a party to the suit. This ensures all parties to the dispute are present at once and avoids multiple lawsuits.

Successive Assignments

It may happen that an assignor assigns the same interest twice (see Figure 14.2 "Successive Assignments" ). With certain exceptions, the first assignee takes precedence over any subsequent assignee. One obvious exception is when the first assignment is ineffective or revocable. A subsequent assignment has the effect of revoking a prior assignment that is ineffective or revocable. Another exception: if in good faith the subsequent assignee gives consideration for the assignment and has no knowledge of the prior assignment, he takes precedence whenever he obtains payment from, performance from, or a judgment against the obligor, or whenever he receives some tangible evidence from the assignor that the right has been assigned (e.g., a bank deposit book or an insurance policy).

Some states follow the different English rule: the first assignee to give notice to the obligor has priority, regardless of the order in which the assignments were made. Furthermore, if the assignment falls within the filing requirements of UCC Article 9 (see Chapter 33 "Secured Transactions and Suretyship" ), the first assignee to file will prevail.

Figure 14.2 Successive Assignments

Screen Shot 2020-03-26 at 2.36.41 PM.png

Assignor’s Warranties

An assignor has legal responsibilities in making assignments. He cannot blithely assign the same interests pell-mell and escape liability. Unless the contract explicitly states to the contrary, a person who assigns a right for value makes certain assignor’s warranties to the assignee: that he will not upset the assignment, that he has the right to make it, and that there are no defenses that will defeat it. However, the assignor does not guarantee payment; assignment does not by itself amount to a warranty that the obligor is solvent or will perform as agreed in the original contract. Mrs. Robinson owes Ben fifty dollars. Ben assigns this sum to his friend. Before the friend collects, Ben releases Mrs. Robinson from her obligation. The friend may sue Ben for the fifty dollars. Or again, if Ben represents to his friend that Mrs. Robinson owes him (Ben) fifty dollars and assigns his friend that amount, but in fact Mrs. Robinson does not owe Ben that much, then Ben has breached his assignor’s warranty. The assignor’s warranties may be express or implied.

Key Takeaway

Generally, it is OK for an obligee to assign the right to receive contractual performance from the obligor to a third party. The effect of the assignment is to make the assignee stand in the shoes of the assignor, taking all the latter’s rights and all the defenses against nonperformance that the obligor might raise against the assignor. But the obligor may agree in advance to waive defenses against the assignee, unless such waiver is prohibited by law.

There are some exceptions to the rule that contract rights are assignable. Some, such as personal rights, are not circumstances where the obligor’s duties would materially change, cases where assignability is forbidden by statute or public policy, or, with some limits, cases where the contract itself prohibits assignment. Partial assignments and successive assignments can happen, and rules govern the resolution of problems arising from them.

When the assignor makes the assignment, that person makes certain warranties, express or implied, to the assignee, basically to the effect that the assignment is good and the assignor knows of no reason why the assignee will not get performance from the obligor.

  • If Able makes a valid assignment to Baker of his contract to receive monthly rental payments from Tenant, how is Baker’s right different from what Able’s was?
  • Able made a valid assignment to Baker of his contract to receive monthly purchase payments from Carr, who bought an automobile from Able. The car had a 180-day warranty, but the car malfunctioned within that time. Able had quit the auto business entirely. May Carr withhold payments from Baker to offset the cost of needed repairs?
  • Assume in the case in Exercise 2 that Baker knew Able was selling defective cars just before his (Able’s) withdrawal from the auto business. How, if at all, does that change Baker’s rights?
  • Why are leases generally not assignable? Why are insurance contracts not assignable?

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Yankees Star Juan Soto 'Open' To Extension To Finish Career With New York

Patrick mcavoy | may 17, 2024.

May 16, 2024; Minneapolis, Minnesota, USA; New York Yankees Juan Soto (22) advances to third on a

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The New York Yankees could end up retaining one of the best players in baseball for the foreseeable future.

New York acquired superstar slugger Juan Soto in a trade with the San Diego Padres this past offseason but he is only under contract for the 2024 season. The Yankees traded for Soto with the hopes of contending in 2024 and possibly extending him.

The Yankees have made it clear that they are interested in keeping Soto around for the long-term but it has been expected that he would enter free agency at the end of the season and possibly sign elsewhere.

While this was the case, it may not be any longer. The Yankees made it known on Thursday that are interested in discussing an extension with Soto's agent Scott Boras during the season. Soto didn't shut down the talks but actually said his "door’s always open," according to Newsday Sports' Erik Boland.

"Soto responding to Hal Steinbrenner’s comments to Jack Curry about having extension talks in season to make him a Yankee for life: “My door’s always open. Whenever he wants to start talking to Scott and all his people…they’re always open to hearing what he has (to say)," Boland said.

If the Yankees could find a way to sign Soto to an extension before he hits free agency, that would be the absolute best-case scenario. If Soto reaches free agency there are sure to be a handful of clubs interested in him including possibly the high-spending New York Mets.

Soto has fit in perfectly with the Yankees and currently is the favorite to take home the American League Most Valuable Player award. It sounds like they are going to do everything they can to keep him around.

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Phoenix officers, the highest paid in the state, would get 2.5% bonus in proposed contract

contract 2 assignment topics

The Phoenix City Council was scheduled to consider a new police contract on Wednesday that would boost officer income with a one-time payment this summer.

The two-year contract, which would run through the middle of 2026, includes an August bonus equal to 2.5% of an officer's base pay and leaves the door open for pay increases in the second year if the city expects more than $1.7 billion in revenue for the 2025-26 fiscal year. 

The agreement would also give freedom in setting starting salaries for officers coming from other police departments and guard against the city using artificial intelligence to analyze and discipline officers.

The city manager's proposed budget set the department's funding from the general fund at $981 million for the coming year, an increase of $2.4 million.

The Fire Department, which shares the public safety budget with police, is projected to see a $3 million general fund revenue cut. Fire department members lobbied for more funding to address increased response times.

The city planned to offset the fire department cut by using $21 million from an excise tax to purchase specialty vehicles, according to the city's director of communications Dan Wilson. Those purchases would have otherwise come out of the general fund, he said.

Phoenix police are highest-paid local law enforcement office in Arizona

The Phoenix Police Department remains the highest-paying local police force department in the state, with the most variety of positions. Last year, improved pay helped stop the hemorrhaging of police officers for the first time in five years.

The growth of the police budget has drawn criticism, including from community group Poder in Action, which says the department should not be getting more funding amid a U.S. Department of Justice investigation and an increase in the number of legal claims against the department from 2022 to 2023. 

If the police and other contracts are approved, the city budget will be up for approval May 21.

Reach the reporter at [email protected] .

Potential board changes: Phoenix to vote on eligibility change for police Civilian Review Board

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