Creating a Contracts Attack Sheet for the Texas Bar Exam requires distilling the fundamental principles of contract law into a concise framework that can be quickly reviewed. This guide will cover the essential topics within contract law, including the formation of contracts, defenses to enforcement, performance, breach, and remedies.
It is important to note that the Texas Bar Exam follows the Uniform Bar Exam (UBE) format, with the Multistate Essay Examination (MEE) covering contracts. However, Texas also includes Texas-specific law in its Procedure and Evidence exam and could potentially cover unique Texas doctrines in contract law.
**Contracts Attack Sheet for the Texas Bar Exam**
**I. Formation of Contracts**
A. Offer
1. Manifestation of intent to be bound
2. Definiteness of terms
3. Communication to the offeree
B. Acceptance
1. Unconditional assent to the terms
2. Mirror image rule (common law)
3. Battle of the forms (UCC Section 2-207)
4. Communication of acceptance (bilateral vs. unilateral contracts)
C. Consideration
1. Bargained-for exchange
2. Legal detriment or benefit
3. Adequacy of consideration is generally not required
4. Promissory estoppel as a substitute for consideration
D. Capacity to Contract
1. Minors
2. Intoxicated persons
3. Mentally incapacitated persons
E. Legality of Purpose
1. Contracts for illegal purposes are void
2. Non-compete agreements (must be reasonable in scope, time, and geography)
F. Formation under the UCC
1. Goods vs. services (UCC vs. common law)
2. Merchants’ firm offer rule
3. Open terms permitted under UCC (gap fillers)
**II. Defenses to Enforcement**
A. Lack of Genuine Assent
1. Fraud
2. Duress
3. Undue influence
4. Mistake (mutual vs. unilateral)
B. Statute of Frauds (MYLEGS)
1. Marriage
2. Year (cannot be performed within one year)
3. Land
4. Executor’s promise to pay estate debts
5. Goods ($500 or more under UCC)
6. Surety (promise to pay another’s debt)
7. Compliance (writing requirements, sufficient to indicate a contract)
C. Parol Evidence Rule
1. Integrated contracts (final and complete)
2. Exceptions (ambiguous terms, fraud, mistake, etc.)
**III. Performance**
A. Duty to Perform
1. Conditions precedent, subsequent, and concurrent
2. Implied in fact and in law (constructive) conditions
B. Discharge of Duties
1. Performance
2. Agreement (recission, novation, accord, and satisfaction)
3. Operation of Law (impossibility, impracticability, frustration of purpose)
C. Third Party Beneficiaries
1. Intended vs. incidental beneficiaries
2. Rights of the third party
3. Vesting of rights
**IV. Breach and Remedies**
A. Breach of Contract
1. Material vs. minor breach
2. Anticipatory repudiation
3. Election of remedies for the non-breaching party
B. Remedies
1. Damages (compensatory, consequential, reliance, restitution, liquidated)
2. Specific Performance (generally for unique goods or real estate)
3. Reformation and Rescission
C. Limitations on Remedies
1. Mitigation of damages
2. Foreseeability (Hadley v. Baxendale)
3. Limitation or exclusion clauses
**V. Texas-Specific Considerations**
A. Procedural nuances in Texas courts
B. Distinctive elements of Texas contract law, such as unique provisions related to oil and gas contracts, real estate, or consumer contracts
C. Reference to the Texas Business and Commerce Code where applicable
**VI. Practice and Application**
A. Issue spotting in fact patterns
B. Application of the law to facts
C. Analytical framework for essay answers (IRAC: Issue, Rule, Analysis, Conclusion)
**Study Tips:**
– Use case summaries for landmark or illustrative cases to showcase principles in action.
– Practice with past Texas Bar Exam essay questions and sample answers.
– Incorporate Texas distinctions into your study where relevant.
Remember, this attack sheet is a tool to jog your memory efficiently during study sessions and practice exams. It’s not a substitute for a comprehensive understanding of contract law or Texas-specific laws. Regular review and application of these principles through hypotheticals and past exam questions will significantly enhance your preparation for the Contracts portion of the Texas Bar Exam.