Friday, July 19, 2013
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?