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Contracts - Syllabus

CONTRACTS
PROFESSOR NEUSTADTER

SYLLABUS
2004-2005

Professor Gary Neustadter
     Bergin 207
     (408) 554-4378 (with voice mail); FAX (408) 554-4426
     gneustadter@scu.edu
     http://www.scu.edu/law/FacWebPage/Neustadter/

Reading Materials 

     Neustadter, Contracts 2004-05 (required).  Download electronic version from my electronic reserve page for Contracts on ClaraNet, the Law School's electronic reserve system, or purchase hard copy from Campus Store.  You also may both download the electronic version and purchase the hard copy.  Some past students have found both to be useful.  The cost of the hard copy reflects only the cost of duplication and the Campus Store's regular mark-up for course materials. 

     Chirelstein, Concepts and Case Analysis in the Law of Contracts (4th Ed. Foundation)(required)

     Burton and Eisenberg, Contract Law: Selected Source Materials (2003 Ed. West Group) (recommended for students desiring hard copy of UCC Articles 1 and 2 and R.2d Contracts) (make purchase decision after initial class discussion)

     Farnsworth, Contracts (3rd Ed. Aspen Law and Business) (supplementary) (make purchase decision after initial class discussion)

     White & Summers, Uniform Commercial Code (5th Ed. West Group) (supplementary) (make purchase decision after initial class discussion)

Assignments and other Announcements 
 
     Specific reading assignments will be posted on the ClaraNet page for the class.  Typically, the assignments will follow the sequence in the Table of Contents of Neustadter, Contracts 2004-05.  I anticipate that we will cover most of Items 1-3 of the Table of Contents during the fall and Items 4-5 of the Table of Contents during the spring. 

     Other announcements, drafting assignments, and news or supplementary materials will be posted on my electronic reserve page for Contracts. 

     Occasionally I may use a class email distribution list to make urgent announcements.  The list will use your Santa Clara University Groupwise email address.    

Course Requirements 

     1.  Class Attendance and Participation 

     From each student I expect regular class attendance, consistent preparation of assignments in anticipation of class discussion, and participation in class discussion.   If you are not prepared for class discussion because of illness or for other appropriate reasons, please alert me prior to the start of class.  I reserve the right to adjust your final course grade downward for excessive absenteeism or frequent lack of preparation. 

     2.  Contract drafting 

    As a condition to receiving credit for the course, you must participate in two contract drafting assignments undertaken in small groups during the spring semester.   Details will be announced in class and specific drafting assignments will be posted on my electronic reserve page for Contracts.    

     3.  Examinations and Grading 

     There will be a midterm examination in December and a final examination at the end of the spring semester.  Dates, times, and locations will be posted by the Law School Records Office.  The midterm examination will count approximately 33% toward calculation of your final course grade and the final examination will count approximately 66% toward calculation of your final course grade.  Grading in the course is subject to the Law School's mandatory grade curve for first year courses.  

     You may handwrite your examinations, take them on a laptop computer, or take them on a desktop computer located in the Law Library.   Each examination will be "limited open book."  This means that during the examination you may consult your (annotated) copy of Neustadter, Contracts 2004-05 (both in electronic form and hard copy), your copy of the Chirelstein and Burton and Eisenberg books, and any notes, outlines, or other work product that you have produced either alone or in cooperation with other students in the class.   During the examination you may not consult any other materials, including the Farnsworth text and the White and Summers text, because the cost of these additional materials may disadvantage some students.  You also may not consult prior examination questions or model answers.   

     Practice in writing answers to law school examination questions is useful to many students.  Prior examination questions are posted on my website and I will email model answers to those questions, if available, to any student who first emails his or her answer to me.  Consult me in advance for recommended questions.  

Classroom etiquette

     The classroom environment must be conducive to learning for all students.  Distractions made possible by advances in technology undermine that goal.  Accordingly, during class, in addition to usual courtesies, kindly

  • disable and refrain from using cell phones, pagers, and any other communication device other than your laptop computer
  • refrain from connecting to the Internet 
  • refrain from displaying wallpaper, screen savers, or other material on your laptop computer that you can reasonably expect to be offensive to other students

Office hours

     My formal office hours are MW 2:00-4:00 p.m.  You are also welcome to stop in at other times without appointment.  I am usually on campus a substantial portion of each weekday except for late Tuesday and Thursday afternoons.  You may also schedule an appointment by phone or through e-mail. 

Website

     On my website you will find prior exams, a link to electronic enabled discussion, a link to my electronic reserve page for Contracts, and links to selected websites relating to law, legal education, and other sites of use to law students and lawyers.  I especially encourage you to surf those selected links to become acquainted with some of the important law related resources available on the web.