Contracts II
MW 2:00–3:15
Prof. Daniel Pi
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Administrative Matters
My office is on the third floor. I will specify office hours at some point during the
first week of classes; but generally, if my door is open, feel free to stop by. My email
address is [email protected]. For matters requiring immediate attention, my office phone
number is (703) 993-8542.
As per Academic Regulation 4-1, attendance is mandatory. I will assume that
every student has read and is prepared to discuss the assigned material for each class.
If you are unable to do the reading for whatever reason (you need not specify the
reason), email me at least one day prior and I will not call on you that day. You get
one free pass.
I (begrudgingly) permit use of laptops and tablets during class for note-taking,
however I strongly discourage you from exercising that right. My teaching style is
heavily socratic, and you will benefit from the course far better if your attention is
focused on the discussion rather than on a gadget. You are, after all, training to be
lawyers—not stenographers. Moreover, there is empirical evidence that pen-on-paper
note-taking is a more effective learning practice.1
The use of phones during class is not permitted. All electronic devices should be
set to “vibrate” or “mute.” Should you audibly receive an electronic communication
during class, you will receive a one-increment reduction in your final grade.
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https://www.scientificamerican.com/article/a-learning-secret-don-t-take-notes-with-a-laptop/.
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Grading and Exam
Your grade for the course will be based on the exam. The exam will take place at
12:00, May 4. I reserve the right to increase a student’s grade one increment on the
basis of class participation.
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Course Materials
The main course materials for Contracts II are the same as for Contracts I.
• Scott & Kraus, Contract Law and Theory, 5th ed.
• James E. Byrne, Restatement (Second) of Contracts and UCC Article 2
In addition, I have assigned several additional materials. These are required
reading. I will provide them in two forms. First, I will email all the items as a zipped
attachment. Second, you may download them at: http://contracts.danielpi.com
• John of Lambeth v. Richard of Graffham, Duke of Manchester’s English Manorial Estates (1275)
• Sullivan, T., “Punitive Damages in the Law of Contract” (1977)
• Restatement (3d) of Restitution and Unjust Enrichment
• Hillman, R., “Limits of Behavioral Decision Theory in Legal Analysis” (2000)
• Friedmann, D., “The Efficient Breach Fallacy” (1989)
• Kronman, A., “Contract Law and the State of Nature” (1985)
• Kronman, A., “Mistake, Disclosure, Information, and the Law of Contracts”
(1978)
• Ayres, I. & Gertner, R., “Filling Gaps in Incomplete Contracts” (1989)
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Readings
Date
Jan. 18
Krauss & Scott
108–115, 857–865
Jan. 23
887–895
Jan. 25
865–886
Jan. 30
Feb. 1
Feb. 6
94–108, 841–856
895–914
941–956
Feb. 8
—
Feb. 13
Feb. 15
Feb. 20
115–124, 914–929
929–940
691–710
Feb. 22
Feb. 27
Mar. 1
Mar. 6
710–727, 759–771
727–746
747–759
775–794
Mar. 8
Mar. 13
Mar. 15
Mar. 20
Mar. 22
Mar. 27
Mar. 29
Apr. 3
798–811
Spring Recess
Spring Recess
811–829
829–838
514–533
537–568
568–584
Other Material
John of Lambeth v. Richard of Graffham;
Rest. 346, 357–360; UCC 2-716
Sullivan, T., “Punitive Damages in the Law of
Contract” (1977); Rest. 355
Rest. (3d) of Restitution 37, 38, 54; Rest. of
Contracts 349, 353, 370–377
Rest. 347, 348; UCC 2-703, 2-713, 2-723, 2-724
Rest. 350, UCC 2-605, 2-607, 2-711–716
Hillman, R., “Limits of Behavioral Decision
Theory in Legal Analysis” (2000); Rest. 356,
361; UCC 2-718, 2-719
Friedmann, D., “Efficient Breach Fallacy”
(1989), Kronman, A., “Contract Law and the
State of Nature” (1985); Rest. (3d) of Restitution 39; Rest. of Contracts 344, 345
Rest. 351, 352; UCC 2-303
Rest. 50
Kronman, A., “Mistake, Disclosure, Information, and the Law of Contracts” (1978); Rest.
20, ill. 1–3, 151–158, 261, 265, 266
Rest. 237–239, 265–268, 377
UCC 2-613–615
Rest. 261–264, 269–271
Rest. 250–257, 350; UCC 2-610, 2-611, 2-614,
2-702
Rest. 251; UCC 2-609
UCC 2-307, 2-612
Rest. 110–112, 124, 125, 129–137; UCC 2-202
Rest. 209–217; UCC 2-202
Ayres, I. & Gertner, R., “Filling Gaps in Incomplete Contracts” (1989); Rest. 200–204
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Date
Apr. 5
Apr. 10
Apr. 12
Apr. 17
Apr. 19
Apr. 24
Apr. 26
May 1
May 4
Krauss & Scott Other Material
585–608
Rest. 219–223
613–635
Rest. 224–230
636–649
Rest. 84; UCC 2-209
649–669
UCC 1-306; 2-313–317
669–678
Rest. 237, 241, 242
678–686
UCC 1-205, 1-303, 2-106, 2-503, 2-507, 2-508,
2-601, 2-602, 2-606-608, 2-703, 2-705, 2-708,
2-709, 2-711–15
Catch Up
—
Review
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Exam
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