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Wednesday, October 6, 2010

Hello,

Welcome to the latest issue of our weekly FYLSX Newsletter. In this issue, we consider:

A. Essays In-Depth: UCC Principles In Contracts Essays
B. Program Highlight: June 2010 Essay Assessment
C. Newsletter-Only Discount: $100 Off Our Fundamentals Program
D. Next Issue Preview

A. Essays In-Depth: UCC Principles In Contracts Essays

Our Essays In-Depth feature is an abbreviated excerpt from our Essay Solution: Workshop or one of our subject-specific Torts, Criminal Law, or Contracts FYLSX workshops. This feature is designed to identify common mistakes individuals make on their FYLSX essays and provide solutions to correct such mistakes. If implemented, these solutions will result in higher scores on your essays. This week we identify, and provide solutions to, common mistakes individuals make when discussing UCC principles in Contracts essays.

Common Mistakes Made in a Contracts Essay Where the UCC Applies

In our experience, there are several recurring, common mistakes individuals commit when discussing UCC principles for certain issues in Contracts essays. The pertinent issues we are referring to are those Contracts issues that can include both UCC principles and a common law counterpart. For example, the issue of Acceptance contains both a common law standard (e.g., mirror image rule) and a UCC variant (e.g., any reasonable manner to indicate acceptance). It is these types of issues that this discussion addresses and not Contracts issues that are wholly a UCC creation (e.g., the Battle of the Forms (2-207)). Given this understanding, some common mistakes applicable to these types of Contracts issues include:

  1. Relying wholly upon an initial discussion of which law applies, UCC v. Common Law, as the only mention and discussion of UCC principles, aside from UCC-specific issues (e.g., 2-207).
  2. Not recognizing that the common law supplements UCC principles.
  3. Failing to Include both common law and UCC principles in the Statement of the Law* for non-UCC specific Contracts issues.
  4. Failing to articulate and explain in the Analysis* how the application of pertinent UCC principles for an issue may differ from the Common Law application.

Solving These Common Problems With UCC Principles in Contracts Essays

Recognizing these common problems with the integration of UCC principles, consider the following solutions:

  1. An initial discussion of which law applies, UCC v. Common Law, should only be a starting point for your discussion of the UCC in your essay and not the last mention of the UCC. If the UCC does, in fact, apply, then you should actively consider whether any UCC principles apply for each and every issue that follows.
  2. Remember, the common law supplements the principles of the UCC when the UCC provision does not displace the common law standard. See UCC Section 1-103. Accordingly, your Statement of the Law* for a Contracts issue where the UCC applies should include both common law and UCC principles. When the common law standard does not conflict with the UCC, the common law standard supplements the UCC standard. When the common law and UCC standards conflict (e.g., mirror image rule vs. any reasonable means of acceptance), the UCC principle takes precedence and will be the determinative standard.
  3. If your Statement of the Law* for a Contracts issue includes both common law and UCC standards, as suggested above, then you need to apply both standards in your Analysis* and explain how and why one standard is determinative or supplementary to the other. For example, the Contract element of Offer requires definite terms under the common law. In contrast, the UCC only requires a quantity term and all other terms of an Offer may be substituted via the "gap-fillers" of the UCC. When the UCC applies, your Analysis* of Offer should explain how these standards can lead to differing results if there is a missing term in the Offer. Of course, since the UCC is applicable, then the result under the UCC will determine the Conclusion* for the issue.

*Please note, the above-asterisked concepts are fully defined, explained, and illustrated in our FYLSX Essay Solution on-demand workshop, which is available as a stand-alone program or included as part of all of our 1-on-1 FYLSX essay preparation programs.

B. Program Highlight: June 2010 Essay Assessment

With an average 23% pass rate, we know many individuals are forced to retake the FYLSX. However, many retakers fail to utilize an invaluable resource: actual, prior exam essays. If you took the June 2010 FYLSX, then we encourage you to consider our June 2010 California Baby Bar Exam (FYLSX) Essay Review & Assessment. The Assessment includes critique and evaluation of all 4 of your essays from the June 2010 exam, including an actionable list of suggestions to improve your essay performance. Additionally, the Assessment includes unlimited access to our FYLSX Essay Solution Workshop. View a full description of our FYLSX Essay Review & Assessment.

C. Newsletter-Only Discount: $100 OFF Our Fundamentals Program

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D. Next Issue Preview

In our next issue, our Essays In-Depth feature will address common problems individuals face when discussing the concept of a defective product in a strict products liability claim. As a reminder, if you've missed a previous issue of this newsletter, all of our previous FYLSX newsletter issues are available on our site. If you have any questions about this newsletter or any of our programs, then please feel free to Contact Us.


Study Smart,

-the BarReviewSolutions.com Team




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