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If You Draw It, Students Learn It: An Approach To Teaching Contracts And Other Doctrinal Courses, Paul Figueroa
If You Draw It, Students Learn It: An Approach To Teaching Contracts And Other Doctrinal Courses, Paul Figueroa
Faculty Scholarship
Spring 2019 was my first semester as a tenure-stream law professor. That semester I taught Legal Remedies and Contracts II—two subjects that overlap in their coverage of contract damages. I felt very comfortable teaching contracts, given my nearly twenty years of experience on contractual matters in both the private and public sectors. My first few classes went well, which validated my initial confidence. However, my optimism about the semester evaporated when I attempted to teach the parol evidence rule (“PER”).1 It was a Monday, and before starting my Contracts II class I asked the students, “How was the weekend?” followed …
How Contract Boilerplate Can Bite, Alex Ritchie
How Contract Boilerplate Can Bite, Alex Ritchie
Faculty Scholarship
Lawyers and academics often use the term “boilerplate” to refer to standardized non-negotiable contracts that prey upon consumers. But for more sophisticated contracts drafted and negotiated by transactional lawyers, the term refers to those common, usually short, and seemingly innocuous provisions at the end of the contract, often under a heading entitled “general” or “miscellaneous.” While these provisions seem harmless enough, for those transactional lawyers unfortunate enough to see 50 or 100 page contracts the subject of litigation, experience shows that crafty litigators with ample time and will to research and argue the meaning of each word in the contract …