2010
Responses to Review Questions
Thursday December 02, 2010
I have prepared brief statements about areas of law identified by questions that I received from the class. Although I will touch on all of these during tonight’s class (Thursday, December 2), I thought that these written responses might also be of some help to everyone in the class. Read More...
Review of Chapter 7 Specific Performance
Wednesday December 01, 2010
We have, unfortunately, very little time to spend on the important topic of Equitable Remedies in general and Specific Performance, in particular. I have tried, in a Keynote presentation, to capture the essence of our readings and discussions in this area. Read More...
Review of Chapters 5 and 6
Monday November 08, 2010
This week we will complete our work on Chapters 5 and 6. I know that this material has been difficult, but I hope that the casebook material and our classes have helped to illuminate both the common law and statutory remedial concepts, rules and practices that we have discussed. I have some suggestions for your work in this area. Read More...
October 14 Class - Quiz and Remedies Intro
Friday October 15, 2010
A Summary of Thursday Night's Class (October 14, 2010):
Unfortunately, Thursday night was a night of technological failures for me. Not only was I unable to project on to the classroom screens a copy of the Consideration Quiz as I had planned, but, it turns out, my digital recorder failed to record the class.
So - here are some notes about what went on that I hope will be of some help both to those who were unable to attend class and those who were there but whose recollections of the class could profit from repetition.
Read More...
Unfortunately, Thursday night was a night of technological failures for me. Not only was I unable to project on to the classroom screens a copy of the Consideration Quiz as I had planned, but, it turns out, my digital recorder failed to record the class.
So - here are some notes about what went on that I hope will be of some help both to those who were unable to attend class and those who were there but whose recollections of the class could profit from repetition.
Read More...
Chapter 2 Review Podcast
Saturday October 02, 2010
Two years ago, I did an informal lecture-review of Chapter 2. Although as of today (Saturday, October 2) we have not yet finished our in-class discussion of Chapter 2, I thought that having this lecture available to you as you undertake a review this weekend may be of some use to you. Read More...
Unconscionability - Notes and Podcast
Saturday October 02, 2010
During the 20th century there was a gradual shift in emphasis in the law governing the formation, interpretation and remedies for breach of contracts. It is not easy to summarize the character of this shift nor possible to predict whether the direction of movement will continue during the 21st century. One aspect of this shift away from classical contract law can be seen in the development of the doctrine of unconscionability, the notion that courts should refrain from enforcing contracts or provisions of contracts that are unconscionable. Read More...
Consideration and Mutuality
Saturday October 02, 2010
Since the word “mutuality” doesn’t advance our understanding of the issues, we may need to come up with other words to describe the problem before we can look at some of the solutions. Read More...
Two Wheels
Thursday September 09, 2010
Several years ago, I prepared a podcast attempting to explore a bit more carefully than did the Two Wheels court, the arguments of the defendant in that case. If nothing else, the podcast provides you with an example of building legal arguments based upon statutes. Read More...
Reflections on Chapter 1
Sunday September 05, 2010
What can we carry away from Chapter 1? That if the question you must ask yourself before we begin our study of Chapter 2 next Thursday morning. That is the question I must ask myself before I begin to lead the discussions we will have about Chapter 2, 3 and 4. The answer is both simple and complex. Read More...
Estoppel in Pais - Section 90
Wednesday September 01, 2010
This podcast, recorded two years ago, may be of some help to you in clarifying the relationship between estoppel in pais and the theory of enforceability of promises because of the promisee’s reliance (Section 90, Restatement of Contracts 2d). Read More...
A Podcast About Our Order of Study
Monday August 30, 2010
Instead of a written blog this week, I offer a podcast on the subject of the organization of the Fuller Casebook and of our course. Read More...
Consideration, Foreseeable Reliance and the Enforceability of Promises
Monday August 09, 2010
Your parents undoubtedly taught you that you should do what you have promised to do. That universal moral imperative probably explains why most of us perform promises we make most of the time. Read More...