Professional Documents
Culture Documents
Getting To Maybe Notes
Getting To Maybe Notes
2. Statutory Interpretation
3. Caselaw Interpretation
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Example: general rule is that landowner can exclude strangers from his property.
Exception: if lets general public in (gambling at a casino), then has to let people in that he doesnt want to let in (leafletters, etc.)
2. Statutory Boundaries
3. Sequential Categories
Example: preliminary inquiry (Are you selling your watch?) vs. offer (Id like to buy your watch)
Crossing the line
Harmless office flirting vs. unwelcome sexual advances
5. Open-Ended/Evaluative Categories
7. Differing Standpoints
8. Differing Timeframes
Ex: No duty to aid another unless potential rescuer caused harm to victim
But Profs will write facts that point to both the long and short timeframes
Lenses of generality
Ex (Torts/Property/L&T): LL fails to provide hot water. Tenant boils water on stove to pour into bathtub for child.
Tenant slips and falls, spills hot water on child, who gets severe burns.
Were the childs injuries proximately caused by LLs breach of the warranty of habitability?
Argue for Tenant- This kind of accident was the type to be expected when Tenant had to get by without hot water.
Argue for LL- The type of accident that occurred was not a foreseeable outcome for failing to provide hot water. The
burns were too remote for the LL to foresee as a result.
Linguistic ambiguity
Borderline cases- Property- house fixtures vs. chattels that owner can take with him. Two-ton bathtub that sits in the
pool house next to the built-in pool.
Words vs. actions- Employment law- contract says 6 month probationary period. Boss buys her new furniture,
business cards, etc. Employee is offered a job with another company, and she refuses it. Boss fires her on the sixth
month, says her work is no good. Breach of contract claim?
Literalism vs. Reasonable expectations- Mortgage letter (3 pages), first line says youve been approved. In 3 page
letter, theres a clause that says house has to have appraised value of at least 250K. House was appraised for $200K,
week later, sale is off. Is the mortgage company liable?
Multiple sources of meaning- Is a dozen 12, or a bakers dozen, which is 13?
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TWIN FORKS
I.
II.
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A. Hypo: Wholesaler receives order from Reba Retailer for audio gear fo 20K. Wholesaler sends Retailer email
acknowledgment of order, promising immediate shipment of goods. Prior to shipment, Wholesaler retracts deal.
Retailer sues, but Wholesaler says that UCC Statute of Frauds bars the claim.
1. Fork in the law: Is email a signed writing under UCC 2-201?
a) Interpretation: plain meaning or purpose-based
(1) Plain meaning- email not signed writing. Its not written, its electronic.
(2) Purpose-based- purpose of UCC 2-201 is to avoid testimonial disputes about existence and terms of a contractual
commitment, through a verifiable record of transaction (like an email).
2. Fork in the facts- how do you characterize an email?
a) If we follow plain-meaning:
(1) Email message on a computer screen is far away from ink on paper.
(2) BUT, email is generated by typing, and can be printed onto paper!
3. Fork in the law- What is the meaning/definition of a writing?
a) Dictionary meaning of writing- UCC has been applied from handwriting to laser-printing, and the meaning has not
changed, arguably
b) Commercial meaning- people do business deals through email in modern times.
III.
IV.
V.
A. Hypo: Corporation wants to purchase land it is leasing from a farm family of modest means. Family has refused to
sell, wants a better price. Roof leaking would cost $30k to fix. Corporation cites the leak, invokes L/T statute to
excuse further rent payment.
1. Purpose of statute/history- lobbying by groups of low income tenants
2. Is a corporate lessee the type of tenant the statute wanted to protect?
a) Caselaw against you, argue the purpose of the statute isnt met here.
VI.
Elements of legal claims, along with forks, and each partys perspective on the exam.
Find the forks, and then explain why each fork is there.
Make arguments for each side, and counter the other sides arguments.
Test will probably be written with some facts/law on one side stronger.
**BUT YOU HAVE TO COUNTER WITH THE WEAK SIDES ARGUMENTS!!***
Focus on disputed issues
Focus on issues that matter/those emphasized by prof in class.
Shaping society- how would a rule of strict liability affect the housing market?
Administering policy- how will the legal system administer a rule?
Fairness/doing the right thing/consistency
Unfairness of change/consistency over time
Treat like cases alike
i.
consistency throughout jurisdictions
ii.
consistency across social categories/economic class
1. meritocracy vs. egalitarian
Shaping
Encourages competition
Reward investor
Shaping
Promote freedom
Protect security
Administrability
Non-Interference