Lawdibles Audio – Lawdibles :: CALI Podcasts
143 episodes - English - Latest episode: over 1 year ago - ★★★★ - 24 ratingsLawdibles: Your Audio Law Professor. A law professor explaining a narrow area of law understandably and accurately in less than ten minutes.
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Episodes
Classification of Collateral II: Discussions in Secured Transactions
April 12, 2021 16:30This is the second of two podcasts by Professor Jennifer S. Martin that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses primarily on descriptions of intangible personal property, including the descriptions used in a security agreement. See Classification […]
Classification of Collateral I: Discussions in Secured Transactions
April 06, 2021 13:36This is the first of two podcasts by Professor Jennifer S. Martin that describe the process by which a creditor identifies collateral subject to a security interest under Article 9 of the Uniform Commercial Code. This podcast focuses primarily on descriptions of tangible personal property, including the descriptions used in a security agreement. See Classification […]
Implied Conditions: Discussions in Contracts
March 25, 2021 21:22The topic of this podcast by Professor Scott J. Burnham is when a court will supply a condition even where the parties have not expressly written one into the contract. It distinguishes between a promise and a condition under Restatement (Second) of Contracts §§ 2 and 224. This podcast references two other podcasts: Express Conditions and […]
Excuse of Conditions: Discussions in Contracts
March 16, 2021 16:28The topic of this podcast by Professor Scott J. Burnham is when a court will excuse satisfaction of a condition to avoid the harsh effects of forfeiture when a condition fails. It also looks at what happens when a court has determined that there is a condition and the failure of the condition might cause […]
Express Conditions: Discussions in Contracts
March 09, 2021 16:23The topic of this podcast by Professor Scott J. Burnham is when language in a contract is an express condition, such that failure to satisfy the condition results in a performance not being due. A condition can be a good way to hedge in case a party is concerned that it can’t meet its commitments […]
Mitigation: Discussions in Contracts
March 02, 2021 15:22This podcast by Professor Scott J. Burnham explores the basic concept of mitigation, or, as it is sometimes called, avoidable consequences, which is used in computing damages. Mitigation is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. The principle is stated in Restatement (Second) of Contracts § 350(1). The […]
Tortious Interference: Discussions in Torts
February 22, 2021 21:21The topic of this podcast by Professor Scott J. Burnham is Tortious Interference – when one of the parties to a contract claims that a third party wrongfully interfered with the contract by inducing the other party to breach. The rule for when tortious interference arises after a contract can be found in Restatement (Second) […]
Certainty: Discussions in Contracts
February 17, 2021 17:20The topic of this podcast by Professor Scott J. Burnham is the basic concept of certainty in computing damages. Certainty is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. According to Restatement (Second) of Contracts § 352, “Damages are not recoverable for loss beyond an amount that the evidence […]
Foreseeability: Discussions in Contracts
February 09, 2021 15:15The topic of this podcast by Professor Scott J. Burnham is when consequential damages can be recovered for breach of contract because they are foreseeable. The podcast examines the rules established in Hadley v. Baxendale to determine if a loss is foreseeable and therefore recoverable as a consequential damage, as well as some practical effects of those […]
Reliance (Promissory Estoppel): Discussions in Contracts
February 02, 2021 20:58The topic of this podcast by Professor Jennifer S. Martin is when agreements that are not enforceable as contracts because they are not supported by consideration are nevertheless enforceable due to reliance on the promise, often referred to as promissory estoppel. It discusses reliance as it pertains to gift promises, including charitable donations. The podcast […]
Discharge of Duties: Discussions in Contracts
January 19, 2021 21:25This podcast by Professor Jennifer S. Martin discusses a discharge of duties such that parties do not have to perform their contractual obligations and cannot demand performance under the other party’s contract. Consideration is required to support enforcement of an agreement, including a modification of a contract resulting in a discharge of duties. This podcast […]
Assignment and Delegation: Discussions in Contracts
January 12, 2021 20:16The topic of this podcast by Professor Scott J. Burnham is when rights under a contract may be assigned to third parties, and when duties may be delegated to third parties. Using hypotheticals to illustrate, it discusses the exceptions that limit the transfer of rights and duties to a third party. The assignability of the […]
Silence as Acceptance: Discussions in Contracts
January 04, 2021 17:05The topic of this podcast by Professor Jennifer S. Martin is when silence itself can be acceptance of an offer. Acceptance is simply the name given to an offeree’s action in making the offeror’s promise enforceable. This podcast looks at the exceptional cases where notification of the intention to accept an offer is accomplished by silence. […]
Agreements Lacking Consideration: Past Consideration and Moral Obligation – Discussions in Contracts
December 21, 2020 23:27This podcast by Professor Jennifer S. Martin explains when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is based on past action or a moral obligation. It also presents common situations involving past consideration, including the exception provided under the material benefit rule. […]
Agreements Lacking Consideration: Gift Promises – Discussions in Contracts
December 14, 2020 15:39This podcast by Professor Jennifer S. Martin considers when agreements are not enforceable as contracts because they are not supported by consideration due to the fact that the promise is a gift. Analyzing hypotheticals, the podcast examines common situations involving gift promises, including conditional gifts, and charitable promises. Cases discussed include Schnell v. Nell, 17 Ind. […]
Modifications and the Pre-existing Duty Rule: Discussions in Contracts
December 07, 2020 15:58The topic of this podcast by Professor Jennifer S. Martin is when contract modifications are not enforceable due to the pre-existing duty rule. Consideration is required to support enforcement of an agreement, including a modification to an agreement. In this podcast, we will look at when the pre-existing duty rule renders modifications unenforceable and when […]
Good Faith: Discussions in Contracts
December 01, 2020 17:39The topic of this podcast by Professor Scott J. Burnham is the basic concept of good faith. Good faith, sometimes called the covenant of good faith and fair dealing, is an implied term in a party’s obligation of performance in every contract. The podcast examines both the subjective and objective standards of good faith. It […]
The Basics of Consideration and the Bargain Theory: Discussions in Contracts
November 23, 2020 17:08 - 14 minutes - 10.9 MBThis podcast by Professor Jennifer S. Martin examines when agreements are enforceable as contracts because they are supported by consideration. The podcast looks at common descriptions of consideration, including benefit-detriment and “bargained-for exchange.” It also considers traditional issues of consideration and common disputes involving unequal bargains, nominal or sham consideration, and past consideration. The podcast […]
Warranties: Discussions in Contracts
March 08, 2018 21:19 - 11 minutes - 11.4 MBThe topic of this podcast by Professor Scott J. Burnham is a basic overview of when warranties are given for the sales of goods under Article 2 of the UCC. An additional podcast will discuss how warranties can be disclaimed or limited. The primary issue in warranty law is what is the level of quality […]
Parol Evidence Rule: Discussions in Contracts
March 08, 2018 20:29 - 13.4 MBThe topic of this podcast by Professor Scott J. Burnham is the Parol Evidence Rule. In general, there is no probem with oral agreements. There are a few exceptions where the agreement has to be evidenced by a writing to satisfy the Statute of Frauds, but by and large oral agreements are perfectly valid. The Parol […]
U.C.C. § 2-207: Part 1 – Formation of the Contract: Discussions in Contracts
February 23, 2018 17:36 - 14.8 MBThe topic of this podcast by Professor Scott J. Burnham is formation of the contract under U.C.C. § 2-207. This is the first in a series of three podcasts covering the Battle of the Forms. The second podcast covers Finding the Terms of the Contract. The third covers Written Confirmations. It is best to listen […]
U.C.C. § 2-207: Part 2 – Finding the Terms of the Contract: Discussions in Contracts
February 23, 2018 17:19 - 13.1 MBThe topic of this podcast by Professor Scott J. Burnham is U.C.C. § 2-207 Finding the Terms of the Contract. This podcast is the second in a series of three podcasts about § 2-207 of the Uniform Commercial Code, a section often referred to as the Battle of the Forms. The first podcast covered Formation […]
U.C.C. § 2-207: Part 3 – Written Confirmations: Discussions in Contracts
February 23, 2018 17:06 - 10.5 MBThe topic of this podcast by Professor Scott J. Burnham is written confirmations under § 2-207 of the U.C.C., a section often referred to as the Battle of the Forms. This is the third in a series of podcasts about § 2-207 of the Uniform Commercial Code. The first podcast covered Formation of the Contract. […]
Federal Jurisdiction: Discussions in Contracts
February 13, 2018 17:28 - 10.2 MBThe topic of this podcast by Professor Scott J. Burnham is federal jurisdiction in contracts cases, specifically how the case got to federal court, and what law the federal court will look to in deciding the case. At the conclusion of this podcast you should be able to (1) determine how that a federal court […]
Disclaimer of Warranty and Limitation of Remedies: Discussions in Contracts
January 30, 2018 20:00 - 9.51 MBThe topic of this podcast by Professor Scott Burnham is Disclaimer of Warranty and Limitation of Remedies. Warranties provided by the default rules of Article 2 are covered in a different podcast. This podcast will provide a basic overview of how the seller may disclaim warranties or limit the remedies for their breach. Topics covered include […]
Discussions in Contracts: Fraud and Misrepresentation
December 30, 2017 02:10 - 15.3 MBThe topic of this podcast by Professor Jennifer Martin is the basic concepts related to the assent related defenses of fraud and misrepresentation.There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related […]
Discussions in Contracts: Misunderstanding and Mistake
December 30, 2017 01:04 - 12.7 MBThis podcast by Professor Jennifer Martin discusses the basic concepts related to the assent related defense of mistake. There are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid: (i) capacity related defenses; (ii) assent related defenses; and (iii) public policy related defenses. This podcast will also […]
Discussions in Contracts: Duress and Undue Influence
December 20, 2017 22:48 - 12.2 MBThere are three sets of defenses that might be used to avoid enforcement of a contract which is otherwise valid. The topic of this podcast by Professor Jennifer Martin is the basic concepts related to two of the assent related defenses, duress and undue influence. The defense of duress exists to protect against contracts that […]
Discussions in Contracts: Impossibility, Impracticability and Frustration
December 19, 2017 19:07 - 16.9 MBThe topic of this podcast by Professor Jennifer Martin is impossibility, impracticability and frustration. Ordinarily we expect the parties to perform their contracts under the principle of pacta sunt servanda, meaning promises are to be kept. Contract law, though, does provide excuse for non-performance (meaning a party is not in breach) in the event of certain contingencies the […]
Discussions in Contracts: Overview and Sources of Contract Law
December 08, 2017 18:24 - 15.7 MBThe topic of this podcast by Professor Jennifer Martin is the identification of the elements of a claim for breach of contract and the primary sources of contract law. From a legal perspective, the word contract refers to a promise or set of promises for which the law gives a remedy. The primary sources of contract […]
Discussions in Contracts: Mailbox Rule
December 07, 2017 21:14 - 12.9 MBThe topic of this podcast by Professor Jennifer Martin is the basic concepts related to communications in the contracting process governed by the Mailbox Rule. More particularly, we will look at the rules governing the effect of an offeree’s response by mail or an offeror’s attempt to revoke an offer using the mail. At the […]
Discussions in Contracts: Mutual Assent
November 30, 2017 22:00 - 12.1 MBThe topic of this podcast by Professor Jennifer Martin is the basic concepts related to mutual assent to a contract. In particular, we will look at the requirements for contract formation, particularly the promises that indicate assent. We will also look at what is a sufficient manifestation of assent. At the conclusion of this podcast you […]
Discussions in Contracts: Defenses Overview
November 30, 2017 19:11 - 15.5 MBThe topic of this podcast by Professor Jennifer Martin is an introduction to defenses to enforcement of a contract based upon defects in the bargaining process, capacity of one of the parties, or public policy. There are three sets of defenses to enforcement of a contract which is otherwise valid. The first set of defenses relate […]
Discussions in Contracts: Incapacity Defenses
November 27, 2017 22:49 - 14.1 MBThe topic of this podcast by Professor Jennifer Martin is the basic concepts related to incapacity defenses to enforcement of a contract, which includes infancy, mental illness, and intoxication. The incapacity defenses seek to protect vulnerable people in society (children, those suffering from mental illness or intoxication) from exploitation by others in the contracting process. […]
Discussions in Contracts: Statute of Frauds
November 21, 2017 20:41 - 14.6 MBThe topic of this podcast by Professor Jennifer Martin is the basic concepts related to the types of contracts governed by the statute of frauds — that is, statutes that require evidence of the contract in writing. More particularly, we will look at the categories of contracts governed by the statute, what type of writing […]
Discussions in Contracts: Statute of Frauds under UCC § 2-201
November 21, 2017 18:23 - 14.7 MBThe topic of this podcast by Professor Jennifer Martin is the basic concepts related Article 2’s statute of frauds. More particularly, we will look at when a contract is governed by § 2-201, the exceptions to the writing requirement of § 2-201, and what type of writing when required is satisfactory. Section 2-201 only applies when […]
Discussions in Contracts: Invitations to Negotiate
November 17, 2017 19:17 - 14.8 MBThe topic of this podcast, by Professor Jennifer Martin, is the basic concepts related to invitations to negotiate or preliminary negotiations and other types of communications that are not offers. In particular, we will look at the basic attributes of advertisements, price quotations, invitations to bid, and auction sales. At the conclusion of this podcast you […]
Discussions in Contracts: Option Contracts and Firm Offers
November 02, 2017 21:50 - 13.5 MBThe topic of this podcast by Professor Jennifer Martin is how to determine whether the offeror can terminate the offer or whether the offer is irrevocable. Recall that a contract is a promise or set of promises which the law enforces. Ordinarily, the manifestation of mutual assent takes place by virtue of an offer by the […]
Discussions in Contracts: Duration of Offers
October 24, 2017 18:42 - 12.1 MBThe topic of this podcast by Professor Jennifer Martin is how to determine the duration of the power of acceptance in the offeree and whether that power of acceptance has been terminated. Recall that a contract is a promise or set of promises which the law enforces. Ordinarily, the manifestation of mutual assent takes place […]
Discussions in Contracts: Acceptance
October 23, 2017 21:27 - 16.9 MBThe topic of this podcast by Professor Jennifer Martin is the basic concepts related to acceptance of an offer. Acceptance is simply the name given to the action of an offeree in making the offeror’s promise enforceable. This podcast will look at the basic attributes of acceptance, as well as specific issues related to the […]
Discussions in Contracts: Manner of Acceptance: Bilateral and Unilateral Contracts
October 20, 2017 20:20 - 11.2 MBThis podcast by Professor Jennifer Martin explains how to determine if the offer is one that can be accepted by a return promise, a return promise or performance, or whether a return performance is required. Sometimes you will hear reference to bilateral and unilateral contracts. The terms bilateral and unilateral do not relate to the number […]
Discussions in Contracts: Offer
October 18, 2017 17:10 - 14.4 MBThe topic of this podcast by Professor Jennifer Martin is the basic concepts related to offers. In particular, the podcast examines the basic attributes of offers and also looks at the particular types of communications that are typically not offers, such as advertisements and price quotations. Cases discussed include Lefkowitz v. Great Minneapolis Surplus Store (fur coat […]
Payment Systems: Liability of the Parties on a Negotiable Instrument
September 11, 2017 22:54 - 11.8 MBThis podcast by Professor Jennifer Martin discusses the basics of who is liable on a negotiable instrument and to whom. Why is this important? Oftentimes an examination question will simply ask who’s liable. It is important to use the correct legal terminology when describing responsible parties and claims and to organize claims either by responsible […]
Payment Systems: Who Can Enforce a Negotiable Instrument
September 11, 2017 22:45 - 8.32 MBIn this podcast Professor Jennifer Martin explains who has the right to enforce a negotiable instrument. The podcast will also discuss enforcement of lost, destroyed, or stolen instruments. Correct terminology is important and this podcast covers terms such as holder, negotiation, person entitled to enforce (PETE), presentment, and dishonor. At the conclusion of this podcast, […]
Payment Systems: Being a Holder in Due Course: Real Defenses
September 11, 2017 22:39 - 11.1 MBIn this podcast Professor Jennifer Martin discusses the real defenses that can be asserted by an obligor against a holder in due course seeking payment on an instrument. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, […]
Payment Systems: Being a Holder in Due Course: Personal Defenses
September 11, 2017 22:33 - 13.2 MBIn this podcast Professor Jennifer Martin will introduce you to the protection afforded a holder in due course from defenses to payment arising from personal defenses. As holder in due course doctrine arises under Article 3 of the Uniform Commercial Code, this topic deals with instruments, typically paper checks and promissory notes. Importantly, holders in due […]
Payment Systems: Who is a Holder in Due Course
September 11, 2017 22:27 - 13.1 MBThe topic of this podcast by Professor Jennifer Martin is who is a holder in due course, how someone becomes a holder in due course, and why it’s important. This podcast will explain the distinction between the process of becoming a holder and a holder in due course. Like other podcasts in the Payment Systems […]
Payment Systems: Instruments Signed for Accommodation
September 11, 2017 22:20 - 9.41 MBThe topic of this podcast by Professor Jennifer Martin is the obligations and rights of accommodation parties and accommodated parties under Article 3 of the Uniform Commercial Code (U.C.C.), including issues that arise with respect to the settlement of the obligation of the primary obligor. Guarantee transactions present themselves frequently in practice and, because issues […]
Payment Systems: Fiduciary Duty and Liability of Representatives
September 11, 2017 22:11 - 9.4 MBThe topic of this podcast by Professor Jennifer Martin is: (1) when a person that takes an instrument from a fiduciary has notice of the breach of fiduciary duty; and (2) when a representative is bound individually on an instrument. This podcast covers the rules of §§ 3-307 and 3-402. These topics are often covered […]
Payment Systems: Effect of the Instrument on the Underlying Obligation
September 11, 2017 22:01 - 11 MBThe topic of this podcast, by Professor Jennifer Martin, is the relationship between the liability that parties have on an underlying contractual obligation and an instrument that is taken as payment for the same obligation, including using an instrument to achieve an accord and satisfaction as to a contractual dispute. For example, an individual enters […]