How to Approach a Contracts Question Start with the Fact Pattern. First, I start with a fact pattern. Take Notes. If it's on a screen, I'm taking mental notes or jotting down a word, just to remind myself. Figure Out the Issues. Write Short Answers. Fill Out the Outline with CRAC.
Contract exams are not as transactional as criminal law or torts, so many law students find them more difficult. There are a lot of interlocking pieces on a contract law exam. Generally, the exam has one to three contracts at issue and you must analyze those in great depth.
Contract Formation Offer and Acceptance – one party must make a clear and definite offer, and the other party must accept that offer, clearly and definitely. Exchange Something of Value – also known as “Consideration.” Each party must promise or provide something of value to the other party;
There must be an offer and an acceptance. There must be consideration. The parties to the contract must be competent. Its purpose must be legal.
Section 5-1401 of the GOL provides that a choice of law provision in an agreement designating New York law to govern the parties' rights and duties is valid, even if the agreement has no reasonable relation to the State, provided that the transaction is valued at a minimum of $250,000.00.
Contracts are made up of three basic parts – an offer, an acceptance and consideration. The offer and acceptance are what the purpose of the agreement is between the parties. A public relations firm offers to provide its services to a potential client.
A contract is created at law when there is a mutual exchange of promises upon reasonably understandable terms and conditions. A contract does not have to be reduced to writing in order to be enforceable; however, for the purposes of this manual, the term contract is intended to mean a written form of communication.