"Areas of Practice" Please respond to the following:
• Everyone enters into contracts during their daily lives. Pick a particular relationship or obligation that you have and describe how it is a contractual relationship - what facts support the existence of each one of the 4 contractual elements?
• In addition to the defendant trying to avoid liability by arguing that one or more of the elements of the particular tort have not been proven, the defendant can raise one or more "affirmative defenses."
Pick one of the affirmative defenses, explain what the defendant must prove and then provide an example of how it would work.