Lawdibles Audio Lawdibles

The 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 […]

The 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 […]

The 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 […]

The 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. […]

The 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 […]

The 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 […]

The 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 […]

The 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 […]

The 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 […]

The 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 […]

This 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 […]

The 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 […]

This 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 […]

In 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, […]

In 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, […]

In 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 […]

The 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 […]

The 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 […]

The 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 […]

The 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 […]