Dark Secrets

October 27, 2010 at 12:32 pm (Uncategorized) (, , , , )

Can I tell you a secret, Internet? One that you have to pinky-promise not to tell ANYONE, especially not my classmates for fear that I might be burned at the stake?*

I like contracts. Not even the class or the professor. I mean the actual subject matter.

I know, I know! I’m so ashamed. I know I’m supposed to hate it. And I know that as a former immigrant activist, I should really be interested in a more “squishy” area of the law like torts, where there’s a ton of wiggle room.

But there’s something…alluring…about having actual rules. It’s not always fair, but it’s straightforward, like Hammurabi’s code without all the death. (FYI, contracts class would be more interesting if the looming propsect of death presented itself in some cases.) There’s none of this overly philosophical “but what does foreseeability TRULY mean? How far down does the rabbit hole of liability go?”

No, Morpheus. This isn’t the Matrix. Don’t try to baffle me with your bullshit. Did Neo mail his acceptance of the red pill before you revoked your offer to give it to him? Yes?

Then tough shit. Your ass owes him widgets (whatever the hell those are).

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* This secret, as an offer, is legally unenforceable for numerous reasons. Also, I’m unsure as to whether a “pinky promise” would be considered to be a sign of “manifesting acceptance” that would hold up in court**

** I’m slowly going crazy. Please don’t make me go to law school anymore.

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Why I’m Going to Fail Law School, Part I

October 7, 2010 at 6:59 pm (Uncategorized) (, , , )

From Chateau Des Charms Wines, Ltd., v Sabate USA, Inc. 328 F.3d 528 (9th Cir. 2003). Background info: a Canadian wine company is suing a French wine cork company and its U.S. subsidiary in California. Question is whether the U.S. is an appropriate venue, or whether all this should go down in France.

Here’s the only thing from this case I will remember when I’m sitting in contract with eyes glazed over like I’m on drugs:

The material facts pertinent to this appeal are not disputed.1 Sabate France manufactures and sells special wine corks that it claims will not cause wines to be spoiled by “cork taint,” a distasteful flavor that some corks produce.

Tee hee. I hate it when my wine tastes like taint. From corks.

UPDATE: I’ll try to write up something about my experience NOT GETTING INTO the Snyder v. Phelps case. But I make no guarantees, seeing as how I should probably make efforts to avoid failing at law school.

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