ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Friday, December 3, 2004

Interesting answer

This response to a classic contracts class hypothetical, from the law student blogger of When I Was Rational:

My contracts professor who loves to abuse the fact that I am not a morning person, threw me a scenario in class today. He had a friend who entered into a contract to buy a condo, contingent on her satisfaction with the terms of the condo rules. Well, after she had entered into that contract, she realized that in order to meet the mortgage payments on her condo, she would end up living in abject poverty. And my professor's question was, knowing the terms of the contract, what would my advice be to this woman if I were her lawyer.

And I said, (mildly grouchy due to having to be awake before noon) that she should just say she is dissatisfied, and leave it at that.

And the question then, is this an ethics violation?

I said no. For the reason that as long as my client keeps her mouth shut, and does not go blabbing the "ruse" around town, there is no way the condo board can prove that she was in fact satisfied with the terms of the condo rules.

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