"K" is legal shorthand for Contract. Because lawyers don't spell. Also, this may or may not be the only thing I know about contracts. Last week at Barbri we had 2 mini-marathon Contract learning sessions, which I anticipated would be largely review. They weren't. F. I took Contracts class in the Fall of 2004, which is a long time ago, but the other subject "reviews" have actually felt like a return to/brushing up on material I had once learned. The K review was over half stuff I had never heard of before.
This makes me want to write a letter to the U of MN and accuse them of breaching their contract with me--I mean, didn't they have an implied duty to teach me basic legal subjects? There was 100K of consideration which I will spend the next 20 years paying off! They didn't perform! If the UCC governed this problem, I would have a right to perfect tender! Hm, unless it's an installment K, which I suppose it would be (6 semesters, 6 installments) in which case, the U only committed a partial breach and my damages are limited to the installment in which the delivery was sub par. What about the implied warranty of merchantability? Huh, what about that? When I went 100K into debt for the U, there was no disclaimer of the implied warranty of merchantability of the product they were peddling!
Well, unfortunately, I don't think that education is governed by the UCC because that statute only covers sales of tangible goods. Education is one of those intangibles. Inexplicable also, since apparently one can graduate from a premier U.S. law school and not know anything about the common law of contracts. But, I shall learn it because I need to pass the bar, and I need to think of all the claims and remedies I might have against the U for breaching its duty to teach me Contracts.
*Disclaimer: I am bitterly aware that this is probably the nerdiest thing that has ever appeared on my blog and perhaps the whole internet. That said, I warned my readers what this summer would be like as we navigated the Bar. Also, note that I have not yet had any coffee today.
3 comments:
Did you accept the defective goods when you tendered the check? Wait, that is totally wrong. What about the passage of time? Do you have to reject the entire semester or just the defective part of the shipment? What sort of remidies would be applicable?
Hmmm... I think it's like you took dancing lessons at Arthur Murray and they told you you were good and to sign up for more classes. But you weren't, you weren't even learning to dance at all, you were just old and confused and looking for companionship. In that metaphor, contracts is dancing, in case you didn't pick up on it. I also hope you read that case, otherwise you just think I'm the old and confused one, in need of companionship.
well, since eduacation is not a tangible good but is more like a service, specific performance is off the table. I don't want to even discuss other damages I might be entitled to, because hopefully it will all prove to be moot when I pass the Bar with flying colors.
As for dance lessons, I'll see YOU for some companionship at the Metrodome on Saturday.
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