Discussion 3.1

Instructions

3.1 - Discussion Assignment: Introduction to Contract Exercise (25 points): THIS IS A DISCUSSIONOnline Students: Your initial post is due Sunday, 11:59 p.m. CT and 2 substantive reply posts are due by Wednesday, 11:59 p.m. CT.  Submit your postings to Discussion Board 3.1.Residential Students: Be prepared to discuss the following issues.In your initial discussion comment on the following:Professor Richard McMartin, an instructor at Beautiful View University,  was having a particularly difficult struggle keeping his late evening class of renegades engaged in the subject matter. Students were routinely absent without excuse, did haphazard work on their assignments and were blatantly disrespectful during class. In an ill-advised attempt at classroom management, Professor McMartin created Grade Contracts with each student, orally promising to give the student who attends each class, who is respectful and who submits exemplary work, an A for the course. At the end of the semester, four students who had contracted to receive the highest grade actually receive grades of C or below. In an action to enforce their agreement, discuss with the students their likelihood of success. Determine whether the Statute of Frauds applies here or whether there is any relevance of the Doctrine of Substantial Performance.In your reply discussion:Provide substantive feedback about two of your classmates positions which differ from your own.NOTE: The law of contract, as it is applied in most business settings, is governed by the law of the state in which the contract was formed OR in the state in which the parties agree to have the contract performed. State common law of contract is applied to settle most contractual disputes. Please know, however, that there is an overwhelming presumption that the performance of contracts is in the best interest of the flow of commerce and courts are frequently enthusiastic about putting the parties in the position they would have been had the contract been performed. Once it is evident that the parties actually intended to form an agreement, the courts are interested in insuring a relatively seamless flow of commerce by enforcing these agreements. Of course, there are circumstances under which the enforcement of contracts would be against public policy or would far outweigh the benefits of their enforcement. In those instances, regulations exist which will change the outcome and put the parties back in the position they held before they reached an agreement.As a brain exercise, think about how many times in a day you engage in contractual behavior. Most of these occurrences pass unnoticed because there is no dispute about performance. It is when a problem arises, however, that courts are called upon to provide remedies and find solutions for non-performance.Please notice that most states have adopted the Uniform Commercial Code (UCC) as a mechanism for determining enforceability of contracts as they relate to the sale of goods. The principles embodied in section 2 of the UCC are designed to make interstate commerce more predictable and insure the uniformity of enforcement of commercial contracts for the sale of items we use every day. The UCC is not applied to other kinds of contracts, e.g., the sale of real estate, employment or marriage contracts. Common law is used to provide solutions for those contractual situations. When reviewing the fact situation presented in the following written assignment, please keep in mind the different applications of the law to determine whether there are enforceable contracts.

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