Starting Contracts with remedies??? Forum

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DeSimone

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Starting Contracts with remedies???

Post by DeSimone » Sun Aug 29, 2010 10:16 am

All we've been discussing in the first week of contracts is remedies... WTF? Would it not make sense to begin with what a contract is, how and why it's formed, its elements, what laws govern different kinds?

I happened to know some of it from my undergrad, but is everyone expected to come into law school with that knowledge or is the class goddamned ass backward as fuck?

Sorry, anxious 1L ranting ITT.

solidsnake

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Re: Starting Contracts with remedies???

Post by solidsnake » Sun Aug 29, 2010 10:36 am

Some casebooks do that. Learn the endgame first and all that. If you can really understand remedies and all the interests involved, formation, interpretation, defenses will all be a cakewalk. Now stop bitching on tls and go back to your carrel.

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Blindmelon

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Re: Starting Contracts with remedies???

Post by Blindmelon » Sun Aug 29, 2010 10:41 am

DeSimone wrote:All we've been discussing in the first week of contracts is remedies... WTF? Would it not make sense to begin with what a contract is, how and why it's formed, its elements, what laws govern different kinds?

I happened to know some of it from my undergrad, but is everyone expected to come into law school with that knowledge or is the class goddamned ass backward as fuck?

Sorry, anxious 1L ranting ITT.
My 1L class was the same way. Have faith, it'll make sense soon.

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DeSimone

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Re: Starting Contracts with remedies???

Post by DeSimone » Sun Aug 29, 2010 10:45 am

solidsnake wrote:Some casebooks do that. Learn the endgame first and all that. If you can really understand remedies and all the interests involved, formation, interpretation, defenses will all be a cakewalk. Now stop bitching on tls and go back to your carrel.
I am in my carrel.

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Holly Golightly

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Re: Starting Contracts with remedies???

Post by Holly Golightly » Sun Aug 29, 2010 10:47 am

My casebook actually explained why we're starting remedies, and to me it totally made sense.

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lawstudent21

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Re: Starting Contracts with remedies???

Post by lawstudent21 » Sun Aug 29, 2010 11:25 am

Last year I began with remedies. Unfortunately, it just made me confused. I ended up reading through the K formation issues in supplements, which in turn gave me the foundation so that I could understand the material about remedies in class. I also found the law in a flash cards helpful.

revolution724

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Re: Starting Contracts with remedies???

Post by revolution724 » Sun Aug 29, 2010 11:38 am

Silly 1L, still questioning the logic of things. It'll go much easier for you once you accept that it doesn't matter why the course is organized that way - that's the way it's organized, and your job is to suck it up run with it.

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DeSimone

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Re: Starting Contracts with remedies???

Post by DeSimone » Sun Aug 29, 2010 11:53 am

got it. stfu'ing.

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TTH

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Re: Starting Contracts with remedies???

Post by TTH » Sun Aug 29, 2010 2:57 pm

I sympathize. My Civ Pro professor has us doing joinder right now.

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rynabrius

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Re: Starting Contracts with remedies???

Post by rynabrius » Sun Aug 29, 2010 4:14 pm

TTH wrote:I sympathize. My Civ Pro professor has us doing joinder right now.
That's permitted, but not compulsory.

revolution724

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Re: Starting Contracts with remedies???

Post by revolution724 » Sun Aug 29, 2010 4:35 pm

rynabrius wrote:
TTH wrote:I sympathize. My Civ Pro professor has us doing joinder right now.
That's permitted, but not compulsory.
O snap.

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Zugzwang

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Re: Starting Contracts with remedies???

Post by Zugzwang » Sun Aug 29, 2010 4:35 pm

In chess, you should learn the endgame before you learn the opening so you know what you're getting yourself into once you start studying openings.

Same applies to contracts.

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traehekat

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Re: Starting Contracts with remedies???

Post by traehekat » Sun Aug 29, 2010 9:44 pm

Chirelstein does the same thing. The idea is that it is important to know what exactly you are litigating for in the first place.

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Duralex

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Re: Starting Contracts with remedies???

Post by Duralex » Mon Aug 30, 2010 7:19 am

FWIW, reasoning back to the facts from the desired remedy (or different possible remedies) is often what lawyers actually do. Not that most law profs want to hear that.

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rdcws000

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Re: Starting Contracts with remedies???

Post by rdcws000 » Tue Aug 31, 2010 9:43 am

My class also started this way, and this was the order of the textbook, it's not as if the prof took it out of order.

This is the class I would say I am "least" in tune with right now, so I'm hoping some dots start connecting soon.

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