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 superficially. Topics may include: the parol evidence rule, warranties and implied terms, exclusionary clauses, promissory estoppel, mistake, frustration, illegality, the restitutionary and punitive remedies for breach of contract, and the intersections between contract and tort in negligent misrepresentation and inducing breach of contract. It 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?
Professor J. Nadler
3 credit(s) 3 hour(s);
Upper Year Research & Writing Requirement