8.22.2007

[Day] One: They Scare [Me] to Death

It's only day one and I already have a rule of contract law named after me. This can't be a good sign of things to come.

The day actually wasn't bad at all. I started off my day with Contracts, a course, I feared, that had great potential to cure my insomnia. First day of class wasn't bad, but I found myself in the line of fire. I was just sitting there minding my own business when, suddenly I heard the words no one wants to hear on the first day. "Mr. Blair..."

We were discussing expectancy damages, and we had the hypothetical that a buyer chose between two identical cars. One cost $37K. The other cost $34K. The buyer agreed to buy the more expensive car, but when the seller refused to turn over the car, the buyer sued. For what could the buyer sue? I said $34K, because, to me, the substitute performance penalty, worked in reverse, should make the person as well off as if the contract had been completed; in other words, $3K in the hole. For the remainder of the class period, this concept of giving the seller something for nothing was termed "The Blair Rules of Contract Enforcement." I'm not deep enough into the class to know if it is real or not, but someone said it sounds a lot like the Restatement of Contracts. I can only hope.

I also had Torts, Civil Procedure, and Legal Profession (Ethics), but wasn't cold called in any of them. I can honestly say that Torts today was the first time I ever felt like I really didn't want my name called. That class, so far, has been a mental workout like no other. I have a feeling that it will require all my effort not to let it kill me. The other two are more my style: remember and apply written rules. That I can enjoy. Common law, on the other hand... blah.

Only 991 days until graduation...

2 comments:

Anonymous said...

One of the fascinating things about reading other law student's blogs is how different all of our brains work.

I have a similar courseload this semester - Torts, CivPro and 'Legal Reasoning and Writing'. I *love* Torts - caselaw, to me, is a ball. I love ferreting out the answers from reading the cases.

CivPro? Not nearly as much fun. The Fed. Rules of CivPro put me to sleep. ;)

Good luck!

josh said...

yeah, i'd say you're pretty unique. most people hate civ pro. but everyone is different. i thought property was the shit but most of my friends hated it.