Organized: The Business Law Breakdown

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 eff...

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 t...

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. Thro...

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 intelle...

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 insig...

What's the meaning of "chicken?" Unravel the complexities of contract interpretation in this illuminating episode. Professor Oranburg explores the principles courts use to determine the meaning of contract terms when disputes arise. You’ll learn about intrinsic evidence, extrinsic evidence, and how courts balance the literal meaning of words with the reality of the parties’ intentions. Through rea...

Uncover the role of conditions in contract law and how they affect parties’ obligations. Professor Oranburg explores different types of conditions, including conditions precedent, subsequent, and concurrent. You’ll learn how conditions are created, interpreted, and sometimes excused. Through practical examples and landmark cases, understand how conditions can protect your interests or create risks...

Explore the parol evidence rule, a crucial principle in contract interpretation that determines when courts will consider evidence outside the written contract. Professor Oranburg breaks down this complex rule, explaining its purpose and exceptions. You’ll learn about integrated agreements, collateral contracts, and when prior or contemporaneous agreements can be considered. Through engaging examp...

Dive back into contract interpretation, focusing on advanced techniques courts use to resolve disputes over contract language. Professor Oranburg examines the use of extrinsic evidence in contract interpretation. Through real-world scenarios and case studies, gain a deeper understanding of how to courts reconcile situations where parties claim their contracts don't mean what they say.

In celebration of First-Generation College Students’ Day, Organized: The Business Law Breakdown is thrilled to present a special episode featuring distinguished faculty from the University of New Hampshire Franklin Pierce School of Law. Host Seth C. Oranburg, Professor of Law and Director of the Program on Organizations, Business, and Markets, sits down with Ed Timberlake, Kara Simard, and Cassand...

Delve deeper into the nuances of contract interpretation, focusing on how courts handle ambiguous or unclear language. Professor Oranburg examines the tools and techniques judges use to decipher contractual intent, including the use of industry standards and course of dealing. You’ll explore the contra proferentem rule and learn how courts fill gaps in contracts. Through practical examples and cas...

Dive into the dark side of contract law by examining how fraud and misrepresentation can invalidate agreements. This episode explores different types of fraud, from intentional deception to negligent misrepresentation. Professor Oranburg guides you through the elements of fraud in contract law and its consequences. Through engaging case studies, you’ll learn how courts handle fraudulent inducement...

Explore the impact of mistakes on contract formation and enforcement. This episode delves into how errors, misunderstandings, and misrepresentations can affect the validity of agreements. Professor Oranburg examines different types of mistakes, including mutual, unilateral, and mistakes of law versus fact. Through real-world examples and landmark cases, you’ll learn how courts determine whether a...

In this special episode of Organized: The Business Law Breakdown, we honor Hispanic Heritage Month by engaging in a candid, thought-provoking conversation with three accomplished Hispanic lawyers: Cesar Vega, Assistant U.S. Attorney for the District of New Hampshire, Maya Dominguez, a New Hampshire Public Defender, and Enrique Mesa, an Immigration Lawyer and founder of Mesa Law, PLLC. Together, th...

Uncover the significance of the Statute of Frauds in contract law. This episode explores which types of contracts must be in writing to be enforceable. Professor Oranburg guides you through the historical origins of this statute and its modern applications. You’ll learn about the specific categories of contracts covered by the Statute of Frauds, including real estate transactions and agreements th...

In this episode of Mastering Contracts, we dive into the doctrine of promissory restitution, an important remedy in contract law that allows a party to recover for benefits conferred, even when there’s no formal agreement in place. We’ll explore how courts use this doctrine to prevent unjust enrichment, ensuring that no one unfairly profits at the expense of another. Key cases like Webb v. McGowin...

In this episode of Mastering Contracts, we explore the doctrine of promissory estoppel, which allows a promise to be enforced even without traditional consideration. We’ll discuss how reliance on a promise can lead to legal obligations and how courts handle situations where one party has taken significant steps in reliance on a promise, only to be left in a difficult position. Using key cases like...

In this episode of Mastering Contracts, we explore the critical concept of consideration—the exchange of value that forms the basis of most enforceable contracts. We’ll discuss the difference between past consideration and present commitments, and why past actions often don’t count as valid consideration in contract law. We’ll also break down key exceptions to the consideration requirement, includ...

In this episode of Mastering Contracts, we delve into the critical concept of acceptance and how it plays a key role in the formation of contracts. We explore the mirror image rule, which requires an acceptance to exactly match the terms of the offer for a valid contract to form. But what happens if the acceptance deviates even slightly from the offer? Does that create a contract or a counteroffer...

In this episode of Organized: The Business Law Breakdown, we explore the crucial topic of offer termination and what makes an offer irrevocable or revocable. We’ll discuss the Mirror Image Rule and how it applies to offer acceptance under common law, as well as the Battle of the Forms under the UCC, which introduces flexibility in commercial contracts. Additionally, we’ll break down the Mailbox Ru...

In this episode of Organized: The Business Law Breakdown, we dive into the methods by which offers can be terminated or made irrevocable. When can an offer be revoked? When must it be kept open? We break down the nuances of termination of offers, option contracts, and the concept of irrevocability. Through real-world examples and key case discussions, you’ll come away understanding when offers can...

In this episode of Organized: The Business Law Breakdown, Professor Seth C. Oranburg explores what turns a simple promise into a binding legal obligation. Discover how courts define and enforce promises through contract law, and what makes certain promises legally enforceable. Using real-world examples and practical applications, we’ll uncover the legal magic that transforms words into commitments...

In this episode, we explore the Objective Theory of Contract, which determines whether a contract is formed based on outward actions, not hidden intentions. We break down the classic case of Lucy v. Zehmer and analyze how courts determine if a contract has been formed based on the reasonable interpretation of actions, not private thoughts.

In this episode of Mastering Contracts, we dive into who can legally enter into a contract and the concept of capacity. From minors to those with mental incapacity, we explore when contracts are enforceable and when they’re not. Learn the nuances of how capacity affects contract formation, along with key real-world examples and legal principles.

In this prequel episode of Organized: The Business Law Breakdown, host Professor Seth C. Oranburg sets the stage for “Mastering Contracts.” Explore how contracts turn promises into binding obligations and what to expect from the season. Whether you’re a business professional or law student, this introduction breaks down key legal concepts that will guide you through the world of contract law.