University of Cincinnati Clermont Summer Quarter 2002 REVISED AS OF 6/25/02

Business Law II Syllabus

Course Description:  The course covers all aspects of contract law, with strong emphasis on the requirements for a valid contract, rules of contract interpretation, discharge of contract obligations, and remedies for breach of contract. It also identifies and develops the differences between contract law and the Uniform Commercial Code (UCC). The subject matter of this course can be divides neatly into 3 stages:

1. Setting the Foundation!  The first stage deals with issues of contract FORMATION - what factors do we look for when we claim that there is a contract? Is it important that you promised, agreed, paid money, signed something, or that the other party just depended on what you did? We will see that while each of these factors may well be significant, we cannot point to any one of them and say that they are absolutely essential. There are, of course, many different types of contracts.

2. Excuses, Excuses The second stage deals with EXCUSES - supposing someone asserts that there is a contract, what issues would we emphasize in order to avoid being liable under the contract? Would it make any difference if you lied, exaggerated, said misleading things - I / you / we were mistaken - that the government passed a law against it or that you just "ought" not get away with it?

3. Gotcha!  The third stage deals with the REMEDIES which the court might award. They'll make you do it - or they'll try to stop you from doing it. If you do do it, you'll have to pay for it - or else you may have to make it right with your wallet!

Instructional Methods: Combination of lecture and classroom discussion. The World Wide Web is an increasingly important source for information, research materials and commentary in many subjects, including both law and business. We will have readings from Web sites, and I will expect you to use Web-based materials for your class room preparation. During the later part of the course each student will draft a series of contracts

Course objectives:   I have two general goals for the course: (1) encourage you to engage in a critical analysis of contract formation, excuses to avoid a contract and the remedies for one parties breach of a valid contract; and (2) Develop a basic understanding of how to draft a contract. Periodically I will also introduce you to the Internet as a learning tool.

Specific Objectives: Upon successful completion, a student will be able to:

1. Demonstrate knowledge of those elements necessary to contract formation.

2. Understand problems encountered in contract performance, discharge of performance and resulting damages and remedies for breach of contract.

3. Demonstrate the ability to apply Uniform Commercial Code provisions to contract formations and disputes.

4. Understand the ethical implications of forming contracts and drafting contracts.

5. Demonstrate the ability to draft contract provisions.

Final Exam Period: July 23, 2001

Course Grading: The major requirement of this course is to keep up with the readings and to attend regularly.  Your grade for this course will be determined on the following criteria:

Exam #1                        25%

Final Exam                     25%

Class Assignment           25%

Quizzes (best 2 of 3)      25%

Total                             100%

The UC Clermont grading scale will apply with final point totals converted to letter grades as follows:

93-100 A	73-76 C
90-92 A-	70-72 C-
87-89 B+	67-69 D+
83-86 B	63-66 D
80-82 B-	60-62 D-
77-79 C+	00-59 F

Examination: Mixed format appear on examination. There may be both objective and essay questions. Make-up examinations are discouraged but will be considered upon written request for good cause such as family or medical emergency.

Quizzes: Short quizzes resembling single examination questions are given from time to time. These are generally unannounced, although some may be of the "take-home" variety. No "make-up" quizzes are provided, but only the best two out of at least three quizzes will be counted in the final grade determination. 

Class Preparation and Attendance: I will expect that you have read the assigned material prior to class. This preparation is measured by recitation. Students are randomly selected to discuss assignments. For this reason, it is best to be prepared for every class period by thoroughly studying the material in advance. If you are called upon and are not prepared, you may pass for that day. The pass will harm you class preparation grade. By passing you will also assure that you will be called on in the next class period. It is important to recognize the difference between voluntary class participation (which is welcome) and solicited recitation. Voluntary participation is not graded. Solicited recitation (class preparation) is graded.

Withdrawal Dates: Standard University of Cincinnati policy. Students who want to withdraw from this course, must do so by completing an "Add-Drop Form." This form can be obtained through the College Registration Office. A student withdrawing from a class up to and including, July 7, 2002 for (full summer) 02U term, June 27, 2002 for (1st half summer) 02U.D term, and August 5, 2002 for (2nd half summer) 02U.E. term, may do so by completing the "Add-Drop Form" and returning it to the College Registration Office. A student withdrawing from a class after those dates must have the "Add-Drop Form" signed by the professor before they return it to the College Registration Office. Students withdrawing prior to and including August 13, 2002 for (full summer) 02U term, July 15, 2002 for (1st half summer) 02U.D term, and August 21, 2002 for (2nd half summer) 02U.E. term; will receive the grade of "W". Students withdrawing after those dates will receive the grade of F.

Plagiarism: 1. Submitting another's published or unpublished work, in whole, in part, or in paraphrase, as one's own without fully and properly crediting the author with footnotes, citations or bibliographical reference. 2. Submitting as one's own, original work, material obtained from an individual or agency without reference to the person or agency as the source of the material. 3.Submitting as one's own, original work, material that has been produced through unacknowledged collaboration with others without release in writing from collaborators.

ADA: Students with Disabilities: The policy of the University of Cincinnati Clermont College requires students to self-identify and provide proper documentation to the Director of the Learning Center, Rm. 22, for appropriate academic assistance.

Schedule of class meetings tests and assignment due dates.
Date                 Topic Covered & Reading Assignment                                                                                          Time Allocation