Contracts Hypothetical

The bar examination is at the end of July. If you’re preparing for the exam, why are you fooling around on-line instead of doing something useful? Nevermind.

For those of you who aren’t veterans of what passes for a legal education today, here’s a bit of legal lingo for you. We study the law in part by looking at hypothetical stories, where the facts present legal issues. We call these stories “fact patterns” because it makes us feel better about spending a fortune to go over simple stories word-by-word, kind of like first graders.

Got it? “Fact pattern” = little story with legal issues. Cool.  Here’s today’s Contracts Fact Pattern!

Mama goes shopping and scrutinizes everything. Here is how her shopping went.

Mama: “I don’t like the looks of this whitefish.”

Merchant: “Lady, for looks you don’t buy whitefish, you buy goldfish.”

Mama: “Oy, and this chicken, it has a broken leg.”

Merchant: “Look lady, you gonna eat it or dance with it?”

Mama: “And before you weigh the meat, take out the bones.”

Merchant: “Lady, I buy with bones, you’ll buy with bones.”

Mama: “I don’t pay with bones.”

Merchant: “All right, no bones.”

Mama: “Thank you, you are a gentleman. Now put the bones in a separate bag for soup. And never mind the meat. I don’t like your meat anyhow.”

1.  Have the parties formed a binding contract? Discuss.

2.  Assume for the purposes of this question only that Mama is a “merchant” under the UCC. Would that make it more likely that Mama and Merchant entered into a binding contract? Discuss.

If elite law schools did more good than harm, John Yoo wouldn’t be a free man, much less a faculty member at a fancy law school…but don’t think about that. Instead, think about fact patterns.

Leave a Reply

Your email address will not be published. Required fields are marked *