Boiler Plate Contract Analysis

Contract Analysis (50 points)

Each student is to produce a 4 paragraph paper

analyzing

a contract. In advance of

the paper send, for review by the instructor, a copy of a contract used in everyday

life, e.g., insurance, credit card, rental agreement, gym membership, etc. Send this

by email. Be creative. It can be a blank contract. Several websites offer free form

contracts. There are contracts in Canvas under Student Resources Module. The

copy of the contract

must

be turned in with the paper unless you are using one that

is in Canvas. In that case, merely reference the title of the contract in your report.

A URL is not a substitute. It will count as if no contract was attached. Please make sure any confidential data has been deleted or blacked out. A four paragraph typed summary of the contract must be attached which discusses any features of the contract that were covered in the text. This is an analysis of legal concepts and not a filled-in contract. The first paragraph is to be a summary of the entire contract. Please note that I said a summary – which means an overview of the contract and not a detailed description. Your summary paragraph should not be much longer than the 3 other paragraphs. I’m looking for an overview of the contract and not what each section is about. The other three paragraphs are to be used to discuss and analyaz three different clauses in the contract (one per paragraph) and how they relate to the textbook and lecture. Be sure and indicate which paragraph in the contract you are discussing, e.g., #1 of the contract talks about x, y, and z. I am looking for an analysis of how each clause relates to the class material. Little or no analysis will result in point deductions. Summarizing the clause is not an analysis. Show me that you understand how this clause functions in the “real world”. I want to see that you understand the legal consequences of each clause you are discussing and not just paraphrasing the contract wording. Hypothetical examples are an easy way of showing this.

You must also refer by page or chapter to the part(s) of the text you are using. It is

not sufficient to say “according to the text” or something similar. Additionally, do

not reference other textbooks. I don’t have access to them so I can’t verify the

reference. If you don’t have a text, there is one on reserve in the library. I don’t

mind if you use the 7

th

edition but say so as I waste time looking through all

texts

to see which one a student used. That will bring about a point(s) deduction.

What Not To Put in Your Contract Report

Discussing

the formation of a contract is not acceptable

. In other words,

Express/Implied Contracts, Offer; Acceptance; Consideration; Bilateral; etc., are

not clauses in most contracts.

Do Not Talk About Offer, Acceptance and

Consideration.

Don’t talk about an express contract. If you are unsure, then ask me via email.

Most contracts don’t say, “This is an express contract”. If your contract is in

writing

IT’S AN EXPRESS CONTRACT

! It is probably a bilateral contract as

well. You will receive no extra points if you state this. If you use any of these

concepts as the legal concept in your analysis and, the legal concept isn’t the

subject of that clause, you will receive no points for that clause. Each clause is worth 12 points so that’s a huge loss of points.

PLEASE PAY

ATTENTION TO THIS. DO NOT TALK ABOUT

CONTRACT FORMATION OR THE TYPE OF

CONTRACT. IF YOU ARE WRONG, THERE

WILL BE A POINT DEDUCTION AND THERE IS

NOTHING TO BE GAINED BY INCLUDING IT.

If you are using a rental or lease agreement for real property, at least one clause

must be from outside of the chapter titled “Landlord and Tenant. If all three of

your clauses rely on that chapter, there will be an automatic 11 point deduction.

Please email me if you are unsure of your clauses. Many students using rental

agreements use the “Rent” and “Term of the Lease” clauses for their analysis.

These are fine but generally there isn’t much to analyze so the result is a shallow

analysis and minimal points.

Please remember, agreements for real property or services do not follow the UCC.

So, if using an agreement for real property or services, do not discuss any of those

UCC chapters .

Students in online classes often miss the easiest clause to talk about – ADR or

Arbitration as it doesn’t have extensive coverage in the text. However, it is critical

in the business world. Additionally, most contracts have “boiler plate” clauses

towards the end. These clauses are the easiest to use as the text generally has good

information on them as well as examples. If you are using an example from the

text, be sure to reference that.

It is strongly advised to have your contract chosen before mid-term and reviewed

by me, the instructor, shortly after that. I will also be happy to review and make

any comments on your rough draft if submitted to me a minimum of 48 hours

before the due date. If I review your rough draft and suggest changes, subsequent

requests for review are welcomed but must include the previously suggested

changes.

Spelling and grammar are part of the grading and deductions will be taken if there

are errors in these areas. The Writing Center on campus is free to all Cuyamaca

students but you will need an appointment. There are also online tutors.

I take into account the difficulty of the subject matter you have attempted. It is

easy to talk about “termination” of a contract. It is more complex to talk about “subrogation” or “risk of loss”. Be sure that you are not talking about the UCC

when dealing with a contract for real property, services, e-contracts, etc.

Here is how the grading rubric breaks down:

Summary paragraph ,

5 points

;

Clause 1, 2 and 3,

12 points

each with a further breakdown for each clause of

3

points

for correctly identifying a concept,

3 points

for defining it,

1 point

for

referencing it to the text, and

5 points

for the analysis;

Contract attached if not from Canvas ,

1 point

; and,

8 points

for spelling and grammar.

You can see that a long summary paragraph

will not

make up for an inadequate

analysis.

This assignment may not be turned in after its due date nor may it be re

done.

You have most of the class to work on this assignment. There is NO

10% late penalty deduction.

Preview copies to instructor must be submitted through email. There is an

example of the assignment on Canvas under Student Resources Module.