Spring 2015
    Law No.: LAW9226
    Sched. No.: 115219156

Contract Theory*
Section 1
Ferzan, Kimberly
Hellman, Deborah

Administrative Information:
During SIS enrollment, check on SIS for real-time enrollment numbers
Days, Times (Room):W, 1540-1740 (WB127)
Capacity:16 **This information is current as of 05/25/2015 06:14:09 AM**
Current Enrollment:16 **This information is current as of 05/25/2015 06:14:09 AM**

Course Description:

This seminar will address the potential moral underpinnings of contract law. Our primary focus will be on the relationship between contract and promise. First, how is it that we can create new obligations for ourselves merely by utterings the words, “I promise to…”? Second, how should we understand the relationship between these moral obligations and the law of contracts? We will explore these questions in general and also by looking at how the answers to them would implicate how courts should approach various questions within contract law such as: should damages for promissory estoppel claims be the same as for consideration based claims?; should so-called “efficient breaches” be welcomed or discouraged?; does the relationship between contract and promise help us to better understand the many autonomy policing doctrines within contract law?

The focus of the seminar is on the rigorous evaluation of scholarly argument. The readings will consist of both classic works in the field and important recent articles. All students will be expected to participate actively in the discussions at each session; a willingness to think critically and to make independent contributions to class discussion is required.

ATTENDANCE REQUIREMENT: Enrolled students who do not attend the first class session will be dropped. Students seeking to enroll in this course must attend the first class session.
COURSE REQUIREMENT: Students will write 600-900 word reaction papers for each class meeting and will lead a class discussion of an assigned article. Class participation is also required.