This lesson deals with the formation of contracts under Article 2 of the Uniform Commercial Code (excluding 2-207 issues). At common law, a contract is formed often by the showing of mutual assent plus a consideration. The rule is reversed under the Uniform Commercial Code, however. Under UCC 2-204, a contract can be formed in any manner sufficient to show agreement, even if the parties leave open terms. This lesson will explore the effect of the difference in formation between common law and Article 2. You can work this lesson as an introduction to the formation of contracts under the UCC or as a review. The material in this lesson may be a more in-depth study of Article 2 than some first year contracts courses require. However, prior to working this lesson, you should have an understanding of the common law on offer, acceptance and mutual assent.
Author(s): Jennifer Martin

Strict liability for dangerous activities began with the English case of Rylands v. Fletcher. The First Restatement and the Second Restatement both contained provisions for a similar form of such strict liability and such liability is widely recognized in the United States. This lesson explains and uses examples to explain and then compare and contrast those different theories. In addition, this lesson covers the basic limitations on that form of strict liability.
Author(s): Ronald W. Eades

This lesson contains problems and questions concerning the Reasonable Person standard for negligence actions. The central issue in negligence is the duty of care. For the typical adult, the standard is the Reasonable Person of Ordinary Prudence under similar circumstances. This lesson will discuss that issue by focusing on the meaning of:

• Reasonable person
• Ordinary prudence
• Similar circumstances

The traditional division of negligence into duty, breach of duty, causation (cause in fact and proximate cause), and damages provides the structure of this lesson. The student will find navigation to an individual section or even to an individual area (such as res ipsa loquitur within breach of duty) easy. The most likely use of the lesson is as a review and test of understanding following classroom discussion, but the questions can also be used to preview that discussion. Because the lesson is lengthy, the student is invited to divide it into at least two sessions. The lesson is designed to reinforce the student's understanding of the basic law of negligence, and then to lead far beyond the elements of the tort into factual applications, policy considerations, and argument evaluation.

Numerous hypertext links and citations to authorities invite the student to consideration of differing views and to further research into the area. The lesson often engages the student in a "dialogue" on the merit of a response.
Author(s): Douglas D. McFarland