Hi everyone, just thinking of all the current law students in our community and the anxiety you must have as you are starting to approach final exams. Remember you have created your own good luck by mindfully working hard for 9-10 months on this goal. This is the time to manage your time wisely, set strategic goals that will maximize your time, and be start to slowly wind down the semester and prepare for game day. You MUST practice the game before game day. You will never feel ready but do it anyway. Practice MBE style questions. Practice essay writing. Lock in your slap down rules. We either win or learn must be your mentality. Don’t let fear, imposter syndrome, last semesters issues, a prof you don’t like, family issues or work obligations interfere with your exam prep. Be realistic about your time and obligations and create a plan for success around it. Believe in you, lean in, learn the rules, and get ready to show off all your hard work! You got this. Really. Shoot for the moon so that when you fail you still land among the stars. Prof. Farina

Brown entered into a contract to purchase a condominium from Smith for $150,000 and paid Smith $15,000 as a down payment. The contract expressly provided that if Brown breached the contract, Smith would retain the $15,000 down payment as payment for the damages occasioned by Brown’s breach. Before the closing date, Brown decided not to purchase the condominium and instead purchased a different condominium. Smith refused to return the down payment. In an action by Brown to recover the down payment, which of the following are true? A. Brown will not be entitled to restitution of the down payment because a breaching party cannot maintain an action for restitution B. Brown will not be entitled to restitution of the down payment because Brown willfully breached the contract. C. Brown will not be entitled to restitution of the down payment since the express terms of the contract stipulated that Smith would retain the $15,000 down payment as liquidated damages occasioned by Brown’s breach D. Brown will be entitled to restitution of the down payment because down payment forfeiture clauses are per se illegal penalty clauses.

Hi law skoolers! We will hold Contract Law office hours THIS Sunday at 6:30pm. Through April 20 we will hold BOTH Friday at noon AND Sunday at 6:30pm, but after Sunday April 20, we will only hold Friday at noon moving forward. See you there!

A seller and a buyer have dealt with each other in hundreds of separate grain contracts over the last five years. In performing each contract, the seller delivered the grain to the buyer and, upon delivery, the buyer signed an invoice that showed an agreed upon price for that delivery. Each invoice was silent in regard to any discount from the price for prompt payment. The custom of the grain trade is to allow a 2% discount from the invoice price for payment within 10 days of delivery. In all of their prior transactions and without objection from the seller, the buyer took 15 days to pay and deducted 5% from the invoice price. The same delivery procedure and invoice were used in the present contract as had been used previously. The present contract called for a single delivery of wheat at a price of $300,000. The seller delivered the wheat and the buyer then signed the invoice. On the third day after delivery, the buyer received the following note from the seller: “Payment in full in accordance with signed invoice is due immediately. No discounts permitted.” s/Seller. Which of the following statements concerning these facts is most accurate? A. The custom of the trade controls, and the buyer is entitled to take a 2% discount if he pays within 10 days. B. The parties’ course of dealing controls, and the buyer is entitled to take a 5% discount if he pays within 15 days. C. The seller’s retraction of his prior waiver controls, and the buyer is entitled to no discount. D. The written contract controls, and the buyer is entitled to no discount because of the parol evidence rule. Please explain your answer in the comments.