Organized: The Business Law Breakdown

Jaksot

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  Episode 01: Mastering Contracts — Introduction to the Season 17.08.2024 17min

  In this prequel episode of Organized: The Business Law Breakdown, host Professor Seth C. Oranburg sets the stage for “Mastering Contracts.” Explore how contracts turn promises into binding obligations and what to expect from the season. Whether you’re a business professional or law student, this introduction breaks down key legal concepts that will guide you through the world of contract law.
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  Episode 03: Capacity to Contract – Who Can Make a Deal? 17.08.2024 18min

  In this episode of Mastering Contracts, we dive into who can legally enter into a contract and the concept of capacity. From minors to those with mental incapacity, we explore when contracts are enforceable and when they’re not. Learn the nuances of how capacity affects contract formation, along with key real-world examples and legal principles.
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  Episode 04: Bargains and the Objective Theory of Contract 17.08.2024 16min

  In this episode, we explore the Objective Theory of Contract, which determines whether a contract is formed based on outward actions, not hidden intentions. We break down the classic case of Lucy v. Zehmer and analyze how courts determine if a contract has been formed based on the reasonable interpretation of actions, not private thoughts.
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  Episode 02: Promises, Promises – Defining a Legal Obligation 21.08.2024 18min

  In this episode of Organized: The Business Law Breakdown, Professor Seth C. Oranburg explores what turns a simple promise into a binding legal obligation. Discover how courts define and enforce promises through contract law, and what makes certain promises legally enforceable. Using real-world examples and practical applications, we’ll uncover the legal magic that transforms words into commitments.
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  Episode 05: Offer or Not? What Makes an Offer (Un) Acceptable 28.08.2024 16min

  In this episode of Organized: The Business Law Breakdown, we dive into the methods by which offers can be terminated or made irrevocable. When can an offer be revoked? When must it be kept open? We break down the nuances of termination of offers, option contracts, and the concept of irrevocability. Through real-world examples and key case discussions, you’ll come away understanding when offers can be accepted and when they’re off the table. Plus, we tackle a practice problem to help solidify the principles in action.
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  Episode 06: Termination – Death of an Offer 01.09.2024 16min

  In this episode of Organized: The Business Law Breakdown, we explore the crucial topic of offer termination and what makes an offer irrevocable or revocable. We’ll discuss the Mirror Image Rule and how it applies to offer acceptance under common law, as well as the Battle of the Forms under the UCC, which introduces flexibility in commercial contracts. Additionally, we’ll break down the Mailbox Rule, explaining when an offer is considered accepted and when it might be too late. This episode equips you with the knowledge to navigate the tricky waters of offer termination and acceptance in contract law.
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  Episode 07: Mirror, Mirror – When Does Acceptance Create a Contract? 28.09.2024 17min

  In this episode of Mastering Contracts, we delve into the critical concept of acceptance and how it plays a key role in the formation of contracts. We explore the mirror image rule, which requires an acceptance to exactly match the terms of the offer for a valid contract to form. But what happens if the acceptance deviates even slightly from the offer? Does that create a contract or a counteroffer? Join us as we break down these distinctions and explain when an acceptance is valid, how counteroffers complicate negotiations, and the modern-day exceptions under the UCC Section 2-207, which impacts contracts involving the sale of goods.
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  Episode 08: Consideration – The Price of Commitment 28.09.2024 22min

  In this episode of Mastering Contracts, we explore the critical concept of consideration—the exchange of value that forms the basis of most enforceable contracts. We’ll discuss the difference between past consideration and present commitments, and why past actions often don’t count as valid consideration in contract law. We’ll also break down key exceptions to the consideration requirement, including promissory estoppel, where promises may still be enforceable without a traditional exchange of value. Using examples from real cases, we’ll untangle this sometimes confusing but essential element of contract formation.
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  Episode 09: When a Promise is Enough – Promissory Estoppel 01.10.2024 18min

  In this episode of Mastering Contracts, we explore the doctrine of promissory estoppel, which allows a promise to be enforced even without traditional consideration. We’ll discuss how reliance on a promise can lead to legal obligations and how courts handle situations where one party has taken significant steps in reliance on a promise, only to be left in a difficult position. Using key cases like Ricketts v. Scothorn and Conrad v. Fields, we break down the elements of promissory estoppel and examine when reliance on a promise can make it enforceable. If you’ve ever found yourself relying on a promise that wasn’t part of a formal contract, this episode is for you.
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  Episode 10: Payback Time – Promissory Restitution (Mastering Contracts Podcast) 01.10.2024 18min

  In this episode of Mastering Contracts, we dive into the doctrine of promissory restitution, an important remedy in contract law that allows a party to recover for benefits conferred, even when there’s no formal agreement in place. We’ll explore how courts use this doctrine to prevent unjust enrichment, ensuring that no one unfairly profits at the expense of another. Key cases like Webb v. McGowin shed light on the role of promises and benefits conferred in unusual circumstances. Tune in to learn about the limits of promissory restitution and when it applies.
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  Episode 11: Sign Here – The Power of the Statute of Frauds 05.10.2024 19min

  Uncover the significance of the Statute of Frauds in contract law. This episode explores which types of contracts must be in writing to be enforceable. Professor Oranburg guides you through the historical origins of this statute and its modern applications. You’ll learn about the specific categories of contracts covered by the Statute of Frauds, including real estate transactions and agreements that can’t be performed within one year. Through case studies and practical examples, gain insights into how courts interpret and apply this important legal principle, and understand its impact on contract formation and enforcement in various contexts.
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  Celebrating Hispanic Lawyering: Insights and Experiences (October 2024) 05.10.2024 57min

  In this special episode of Organized: The Business Law Breakdown, we honor Hispanic Heritage Month by engaging in a candid, thought-provoking conversation with three accomplished Hispanic lawyers: Cesar Vega, Assistant U.S. Attorney for the District of New Hampshire, Maya Dominguez, a New Hampshire Public Defender, and Enrique Mesa, an Immigration Lawyer and founder of Mesa Law, PLLC. Together, they share personal stories about their journey into the legal profession, the unique challenges and opportunities faced by Hispanic lawyers, and how their cultural identity influences their work. We explore topics like mentorship, community, overcoming bias, and advice for future Hispanic law students. Whether you are a law student, legal professional, or simply interested in the intersection of culture and law, this conversation offers valuable insights into navigating the legal field as a Hispanic attorney. Tune in to gain inspiration from their collective wisdom and experiences.
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  Episode 12: Oops! When Mistakes Break Contracts 07.10.2024 20min

  Explore the impact of mistakes on contract formation and enforcement. This episode delves into how errors, misunderstandings, and misrepresentations can affect the validity of agreements. Professor Oranburg examines different types of mistakes, including mutual, unilateral, and mistakes of law versus fact. Through real-world examples and landmark cases, you’ll learn how courts determine whether a mistake is grounds for rescission or reformation of a contract. Gain valuable insights into protecting yourself from contractual mistakes and understanding your options when errors occur in agreement formation.
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  Episode 13: Secrets and Lies – When Fraud Invalidates Contracts 07.10.2024 19min

  Dive into the dark side of contract law by examining how fraud and misrepresentation can invalidate agreements. This episode explores different types of fraud, from intentional deception to negligent misrepresentation. Professor Oranburg guides you through the elements of fraud in contract law and its consequences. Through engaging case studies, you’ll learn how courts handle fraudulent inducement and when silence can be considered fraudulent. Gain crucial knowledge about protecting yourself from fraudulent practices in contract negotiations and understand the remedies available when fraud is discovered.
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  Episode 15: Reading Between the Lines – How Courts Decode Contract Terms 21.10.2024 20min

  Delve deeper into the nuances of contract interpretation, focusing on how courts handle ambiguous or unclear language. Professor Oranburg examines the tools and techniques judges use to decipher contractual intent, including the use of industry standards and course of dealing. You’ll explore the contra proferentem rule and learn how courts fill gaps in contracts. Through practical examples and case studies, gain valuable insights into drafting clear agreements and understanding how your contracts might be interpreted in case of a dispute.
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  Celebrating First Generation Lawyers: Voices in Law (November 2024) 07.11.2024 1t 2min

  In celebration of First-Generation College Students’ Day, Organized: The Business Law Breakdown is thrilled to present a special episode featuring distinguished faculty from the University of New Hampshire Franklin Pierce School of Law. Host Seth C. Oranburg, Professor of Law and Director of the Program on Organizations, Business, and Markets, sits down with Ed Timberlake, Kara Simard, and Cassandra Larae-Perez—three accomplished UNH Law faculty members who were the first in their families to attend college or law school. In this inspiring conversation, they share their personal journeys as first-generation students, discuss the unique challenges they faced in pursuing legal careers, and offer valuable advice for others forging their own paths in law. From stories of resilience and community support to practical tips for navigating law school, this episode provides insight into the transformative power of education and the importance of diversity in the legal profession. Tune in to hear their perspectives on law, education, and the journey from being first-generation college students to influential members of the UNH Law community. Whether you’re a student, aspiring lawyer, or seasoned professional, this episode promises to inspire and encourage.
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  Episode 16: Words and Deeds – How Parties’ Actions Impacts Contract Interpretation 07.11.2024 22min

  Dive back into contract interpretation, focusing on advanced techniques courts use to resolve disputes over contract language. Professor Oranburg examines the use of extrinsic evidence in contract interpretation. Through real-world scenarios and case studies, gain a deeper understanding of how to courts reconcile situations where parties claim their contracts don't mean what they say.
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  Episode 17: What’s the Deal? The Parol Evidence Rule 07.11.2024 21min

  Explore the parol evidence rule, a crucial principle in contract interpretation that determines when courts will consider evidence outside the written contract. Professor Oranburg breaks down this complex rule, explaining its purpose and exceptions. You’ll learn about integrated agreements, collateral contracts, and when prior or contemporaneous agreements can be considered. Through engaging examples and landmark cases, understand how this rule affects contract drafting and litigation. Gain practical knowledge to protect your interests when negotiating and drafting agreements.
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  Episode 18: Conditions in Contracts – When Obligations Depend on Events 07.11.2024 18min

  Uncover the role of conditions in contract law and how they affect parties’ obligations. Professor Oranburg explores different types of conditions, including conditions precedent, subsequent, and concurrent. You’ll learn how conditions are created, interpreted, and sometimes excused. Through practical examples and landmark cases, understand how conditions can protect your interests or create risks in contractual relationships. Gain insights into drafting effective conditions and navigating agreements where performance depends on specific events or circumstances.
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  Episode 14: Words in Context – How Courts Interpret Contracts 07.11.2024 15min

  What’s the meaning of ”chicken?” Unravel the complexities of contract interpretation in this illuminating episode. Professor Oranburg explores the principles courts use to determine the meaning of contract terms when disputes arise. You’ll learn about intrinsic evidence, extrinsic evidence, and how courts balance the literal meaning of words with the reality of the parties’ intentions. Through real-world examples and landmark cases, gain insights into how ambiguities are resolved and how context shapes interpretation. Understand the importance of clear drafting and how to protect your interests when entering into agreements.