This week's chapters address issues related to third party rights, discharge of contractual obligations, and remedies available in the event of a breach of the contract by either party.

There are two discussion board topics this week. If your last name begins with the letters A-J, your initial post will be on Question 1, and if your last name begins with the letters K-Z your initial post will be on Question 2. You will not be able to see anyone else's post until you have made your initial post. Your second post will be on the question you did not address in your initial post. Your third post will reflect your review of all posts on your initial question and will address whether that review has caused you to reconsider your position - and, if so, how your position has changed. Remember that initial posts are due by Wednesday evening, response posts are due by Friday evening, and R/R posts are due no later than 9:59 pm on Saturday!

As a general rule on the discussion board, we are looking for analysis. A student's personal opinion that is not somehow tied to our course concepts is just that - a personal opinion - and as such is entitled to little weight. You are free to express your opinion, but to obtain a good grade you need to tie your discussion to our course concepts analytically.

Question 1: Read the January 4, 2011, Oregonian article entitled "Priest sex abuse victim's lawyers claim most of his $900,000 settlement." In your opinion, was Mr. Morey entitled to any fees for his work on the case even though he didn't complete the work? What about Mr. Smith, who settled the case three days after being hired? Analyze the issue using the concepts from the chapter on Performance and Discharge.

Question 2: Read the 2007 opinion of the Maryland Court of Appeals in the case ofBarrie School v. Patch. Do you agree with the Court that this was a valid liquidated damages provision? Why or why not? Do you agree with the court's conclusion that the school did not have a duty to mitigate damages? Why or why not?