The general rule of contract law -- the objective theory -- is that the primary indicator of the existence of a contract is the intent of the parties. Because of that, courts generally prefer to interpret a situation to find a contract existent and valid (which word I grant you is an oxymoron), rather than making an interpretation to find a contract nonexistent and/or invalid. That said, there are ways to get out of a contract. In other words, although a prima facie contract exists, it is possible that the factors needed to make a contract either are not present or were wrongfully obtained. This lecture, which is a long one, will look as the various ways one or both parties may avoid the legal obligation of a contract.

Materials: Read Miller & Jentz Chapter 8 (the second half, on Consideration), and Chapters 9 and 10. Refer to the sample agreement to see if you can find clauses dealing with the various avoidance methods. These are the lecture slides and this is the downloadable file of the lecture, available during and after the TTh 12-2 class meeting.

 Quizzes:

       Quiz 18 will be available from 0800 on 1 November until 1400 on 2 November. It covers only the readings & slides for this lecture.

       Quiz 19 will be available from 1600 on 3 November until 1400 on 4 November. This will cover all the material from this lecture and from lecture 9 (in other words, I will mix in issues from the first contract lecture).