Organized: The Business Law Breakdown

Episode 19: Performance in Contracts – When Is “Good Enough” Really Enough?

Explore the concept of performance in contract law, focusing on what constitutes adequate fulfillment of contractual obligations. Professor Oranburg examines the doctrine of substantial performance and its applications in various contexts. You’ll learn about material vs. minor breaches and how courts determine when performance is sufficient. Through case studies and real-world examples, gain insights into protecting your interests as both a performer and a recipient of contractual performance. Understand the balance between strict compliance and practical flexibility in contract execution.

Are University Speech Codes Too Restrictive? A Conversation about Free & Higher Education

Join us for a compelling discussion on the boundaries of free speech in higher education. In this episode, Professor Seth Oranburg of UNH Franklin Pierce School of Law and Robert Shibley, a leading advocate for free expression and campus rights from FIRE (Foundation for Individual Rights and Expression), engage in a thought-provoking conversation about the role of universities in fostering intellectual diversity, the impact of speech codes, and the challenges of balancing safety, inclusion, and free expression.
📚 Key Takeaways:
Insights into how universities can create spaces for healthy disagreement.
Legal and moral perspectives on the constitutionality and ethics of speech regulations.
Real-world examples of how free speech principles are tested in academia today.
📌 Timestamps:
00:00 Introduction and Welcome00:18 Introducing the Panelists02:27 Panel Discussion Format03:04 The Role of Higher Education10:07 Speech Codes in Higher Education25:38 Student Protests and Free Expression37:12 Balancing Freedom of Expression and Safety48:30 Diversity, Equity, and Inclusion Programs59:23 The Role of Universities in Free Speech01:00:36 Should Universities Promote Inoffensive and Socially Acceptable Speech?

Episode 20: Here comes Trouble – Anticipatory Repudiation

Delve into the concept of anticipatory repudiation, where one party indicates they won’t perform their contractual obligations before performance is due. Professor Oranburg explores how courts determine when a repudiation has occurred and what options are available to the non-breaching party. You’ll learn about adequate assurance of performance and how to mitigate damages in these situations. Through engaging examples and landmark cases, gain practical knowledge about handling potential contract breaches before they occur and protecting your interests in ongoing contractual relationships.

Episode 21: Excuse Me - When Non-Performance Is Judicially Justified

Explore the circumstances under which non-performance of contractual obligations may be legally excused. Professor Oranburg examines doctrines such as impossibility, impracticability, and frustration of purpose. You’ll learn how unforeseen events can affect contract performance and when courts will relieve parties of their obligations. Through real-world examples and case studies, understand how these principles apply in various contexts, from natural disasters to changes in law. Gain insights into drafting contracts that account for potential excuses and navigating situations where performance becomes challenging or impossible.

Episode 22: The More Things Change – Modifying Contracts by Mutual Assent

Dive into the world of contract modifications, exploring how existing agreements can be changed through mutual consent. Professor Oranburg examines the requirements for valid modifications, including consideration in common law and the UCC’s more flexible approach. You’ll learn about the pre-existing duty rule and its exceptions. Through practical examples and landmark cases, understand how to effectively modify contracts, the pitfalls to avoid, and how courts interpret changes to existing agreements. Gain valuable insights into negotiating and implementing contract modifications in various business contexts.

Episode 23: Show Me the Money – Expectation Damages

Explore the primary remedy for breach of contract: expectation damages. Professor Oranburg delves into how courts calculate damages to put the non-breaching party in the position they would have been in had the contract been performed. You’ll learn about concepts like foreseeability, certainty, and mitigation of damages. Through engaging examples and landmark cases, understand how damages are quantified in different scenarios and the limitations on recovery. Gain practical knowledge about protecting your interests in contract drafting and what to expect if a breach occurs.

Episode 24: Greater Expectations – Alternative Money Damages

When expectation damages fall short, what other options do courts have? In this episode, we explore alternative money damages in contract law. From reliance damages to punitive and nominal damages, we break down the tools courts use when traditional remedies aren’t enough. We’ll analyze the landmark Copeland v. Baskin Robbins case and how it applies to real-world scenarios, from circus performers to “Shark Tank” deals. Whether you’re a law student, a business professional, or just curious about contract law, this episode will give you a new perspective on remedies for breach of contract. Tune in to learn when and why courts might award damages that go beyond the typical “benefit of the bargain” calculation.

Episode 25: Equity’s Enforcers – When Money Can’t Buy Justice

In “Equity’s Enforcers – When Money Can’t Buy Justice,” we explore the world of equitable remedies in contract law. Discover when and why courts might order specific performance or grant injunctions instead of awarding money damages. We break down the landmark Bauer v. Sawyer case, dive into hypothetical scenarios, and even examine how these principles play out in professional sports contracts. Whether you’re a law student, a business professional, or just curious about contract law, this episode will give you a new perspective on what happens when money alone can’t make things right. Tune in to learn when courts become equity’s enforcers!

Bonus Episode – Mastering MBE Strategies

In this special bonus episode of Mastering Contracts, we shift our focus from contract law doctrine to the strategies you need to conquer multiple-choice questions on law school exams and the Multistate Bar Exam (MBE). Using contract law as our foundation, Professor Oranburg teaches you how to:
Spot the core issue in a question, even when it’s buried in distracting facts.
Eliminate incorrect answer choices through strategic reasoning and process of elimination.
Recognize exceptions to general rules and how they shape the correct answer.
Make intelligent guesses when you’re unsure, by identifying red flags and narrowing down options.
Through carefully crafted sample questions, you’ll learn to apply these strategies step-by-step and avoid common pitfalls that trip up even the best-prepared test-takers. Whether you’re gearing up for finals, preparing for the bar exam, or just looking to sharpen your analytical skills, this episode will give you the tools to succeed.
Don’t miss this opportunity to level up your exam game and approach multiple-choice questions with confidence and clarity. Tune in, take notes, and start mastering the art of legal exam strategy!

Episode 26: When Goods Go Bad – UCC Damages

In “UCC Damages – When Goods Go Bad,” we dive into the world of damages under the Uniform Commercial Code. Discover how the UCC balances the interests of buyers and sellers when contracts for goods go awry, and why these rules differ from common law remedies. From the Perfect Tender Rule to the complexities of calculating damages, this episode breaks down key concepts in commercial law. We explore landmark cases and real-world examples to illustrate these principles in action. Whether you’re a law student, a business professional, or just curious about consumer rights, tune in to learn how the law handles those tricky situations when products don’t live up to expectations.