The Contract Law 50

The 50 Contract Cases Every Lawyer Must Know Inside and Out

Originally presented:  August 15, 2018     |     Course length:  5.5 hours

This program is your opportunity to refine your understanding of the most significant cases in Minnesota contract law practice. The presentations are relatively short and will center on the holdings and important reasoning from the landmark cases governing 12 important areas of contract law in Minnesota. Simplify your legal research with 50 shortcut case summaries in 12 key areas of contract law.

Attendeees will receive electronic access to a handy reference manual containing brief, easy-to-read summaries of all 50 cases updated for 2018. It features a brief summary of the facts, a holding, comment and related cases where applicable for each of the cases covered. It’s the perfect addition to your legal library!

Offer and Acceptance
Analysis of what constitutes an offer, including conduct. Plus, what constitutes acceptance – terms, differing terms, reformation, etc.
– Arleen A. Nand

Executory Contracts in Bankruptcy
The use of executory contracts for bankruptcy purposes; bankruptcy trustee’s options for executory contracts; effects and consequences of a bankruptcy trustee’s rejection of an executory contract; and potential effects and consequences of a bankruptcy trustee’s assumption of an executory contract.
– Benjamin E. Gurstelle

Remedies for Breach
Remedies are available to a non-breaching party under Minnesota law, including: specific performance, injunctions, recession, restitution, and reformation; the concept of “election of remedies”; the difference between expectation and reliance damages; allowance of incidental and consequential damages; when liquidated damages are allowed or considered unenforceable penalties; and contractual attorney-fee claims.
– S. Jamal Faleel & Andrew Schalkwyk

Article 2 (Sales of Goods) of the UCC in Minnesota
The scope of Article 2 as it relates to contracts governed by Minnesota law, contrasted with prior common law applicable to contracts for the sales of goods; the duty of good faith; what are “goods” and how are mixed goods and services agreements handled; and requirements for a meaningful disclaimer of implied warranties.
– Leah C. Janus & Jeffrey W. Post

Illegality: When an Agreement Is Rendered Unenforceable by Operation of Law
Various pitfalls to avoid in the negotiation and drafting of your next contract; doctrines under which performance of contractual obligations may be excused by operation of state or federal law; new and trending topics in the arena of contract illegality; and how to properly utilize and navigate an illegality defense in litigation.
– Ami A. ElShareif

Determining Intent and Ambiguity in a Contract
How courts analyze the meaning of a contract’s language, including: Is a contract ambiguous, and why does it matter; What to do when contract is ambiguous; Tools the court uses to determine the meaning of a contract; and How rules of contractual interpretation interact with rules regarding motions to dismiss and for summary judgment.
– Jeffrey C. O’Brien

Assignment and Delegation
The general law regarding the ability to assign rights, and/or obligations under a contract; the subject matter of the contract impacts assignability, (e.g., sale of goods under the UCC, personal services) are restrictions on assignability enforceable; and distinctions between assignment, novation, and delegation of contract rights.
– Kip Peterson

Contract Formation: Consideration – Every Contract Needs It!
Analysis of consideration: when is consideration adequate; how definite must consideration be; and what if there is a lack of consideration.
– Evan C. Berquist

Precedents on Conditions Precedent
Conditions: what are they and how do they affect the operation of contracts; the difference between an express condition and an implied condition; a condition precedent versus a condition subsequent; and how does one create a condition in a contract.
– Kevin S. Sandstrom

Choice of Law
Understand Minnesota’s approach to “choice of law” rules that direct courts to decide which state’s substantive law is applied; an evaluation of a uniform approach to resolving choice of law issues, regardless of whether the cause of action is torts or contract law; a review of Minnesota’s general “choice of law” principles with an emphasis on Minnesota court decisions as well as a discussion of the traditional approach to “choice of law” issues; and a presentation of practice tips for the drafting of choice of law to serve as a constructive aid to any commercial contract drafter.
– Mark E. Utz & Chris Wendland

Statute of Frauds
– Arleen A. Nand

Capacity Issues
A discussion on incompetency, incapacity, and infancy, plus coverage of Timm v. Schneider; Wood V. Newell; Conrad v. Lane; and more!
– Jeffrey C. O’Brien