This course will provide a framework for students to explore contract law and contract theory at a more advanced level. It will explore contract doctrines that are not usually covered in the first-year curriculum or are covered only briefly. Topics may include: electronic contract formation; the parol evidence rule; warranties, conditions and implied terms; exclusionary clauses; mistake; frustration; illegality; contract review and interpretation of contracts; restitutionary and punitive remedies for breach of contract; contract dispute settlement provisions; and the intersections between contract and tort in negligent misrepresentation and inducing breach of contract. This course will also ask students to return to what they studied in first year and re-think it in a deeper, more theoretical way, asking questions such as: How should we understand the doctrine of consideration and is the doctrine justified? How should contract law approach boilerplate contracts? Why is there a separate requirement of “intention to create legal relations”? How can we understand the difference between the common law and equitable doctrines of contract law?
Method of Evaluation: Examination, Open Book, 3.5 hours (100%). Students may also opt to write an optional paper (2,300 to 2,500 words) worth 40% of their overall final grade (on a topic and schedule to be approved by the instructor). Exams for students electing this 40% paper option will be worth 60% of their overall final grade.