Approach each contract or potential contract in the fact pattern one relevant issue at a time:
1. Address first whether a valid contract was formed between the parties;
2. then address whether the contract is enforceable, including any defenses to enforceability;
3. then address whether there was a breach;
4. then address whether the non-breaching party was ready to perform at the time of the breach;
5. then address whether the breach(es) may be excused for any reason;
6. and finally address the proper remedy that may be afforded to one or more of the parties.
Sunday, November 1, 2009
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