ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Friday, July 19, 2013

Maybe He Had Too Much Sun....

In the Style section of yesterday's NYT, there was an article about recent law school grads studying for the bar exam in some pretty nice places.  It sounds much nicer than when I did it - which was stuffed in a cubicle at the law school library.  But I was a bit puzzled towards the end of the article when one recent grad indicated that he uses mnemonics to remember "the elements of a contract — offer, acceptance, termination, consideration, excuses and defenses."  I don't teach contracts as "elements," but rather in terms of phases - e.g. formation, performance, breach, remedies --.  and I certainly wouldn't include "termination excuses and defenses" as elements.  Does anyone?


[Nancy Kim]

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That might be from one of the popular outlines. I think it has a one-page tear out in the back that supposedly organizes all of contracts along the lines of the six or seven major issues that can show up on an exam. At least that's what the overconfident student told me right before the exam several years ago, explaining why he didn't do a 50 page outline for the final. He failed, so this approach may be strategically as well as pedagogically unsound.

Posted by: Dan Barnhizer | Jul 20, 2013 6:30:22 AM

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