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« Previous EntriesContracts
Posted by certifiedvibrations on November 3, 2008

Class 1


Monday, August 25, 2008


11:29 AM


Why contracts?

Certainty/Clarity/Keeping Promises
Process
Money
Efficiency
Fairness


Reinforce one another






Stay one class ahead on assignment list.




Why are we studying contracts all year?




Exchange– Money for goods and services.






Contract must create a duty




Contracts must create a duty to be enforceable.




**Build notes around the course outline. Build assigned cases and universal commer







Class 2


Tuesday, August 26, 2008


4:57 PM





Shaheen V. Knight





Facts


D made a contract with P for sterilization via vasectomy
D could not afford another child
D got his wife pregnant, and she had the child
Issue


Did the physician breach the contract regarding sterilization via vasectomy?
Are damages to be awarded by the plaintiff?
P’s arguments


D contracted to make him sterile
No expenses would have been incurred if duty had been fulfilled
Could not afford another child.



D’s arguments


Sterilizing a man to prevent healthy childbirth is against public policy (and public morals).
Vasectomy went smoothly, just didn’t make the man sterile.
Patient has suffered no damage.
Relationship and duty does not arise from the contract.
Patient now has a new child.
No “Warranty of Cure” in Pennsylvania.
Believes there is no lawsuit.



Court


It can be the court’s decision as to whether the act is void of public policy
Must obviously be for or against the public health, safety, morals or welfare…
There is no virtual unanimity regarding sterilization
Damages via contract are restricted in some jurisdictions



Since Shaheen Did want the child, and the physician would not only be paying for rearing and education, but Shaheen’s joy in raising the child, the court ruled that public policy would not allow it.




What’s being decided?




Complaint sets forth the facts as the plaintiff alleges them.

Cause of action: Contractual breech




K (contract) to sterilize is void against public policy
No implied warranty of cure in Pennsylvania
No negligence alleged
Complaint is grounded in deceit and not on assumpsit (A legal action for breach of contract)
Obligation not dual but relational
No damages here



We will return to public policy when we get to damages.







Class 3


Friday, August 29, 2008


11:33 AM


Dr. Knight’s Defenses




K (contract) to sterilize is void against public policy
No implied warranty of cure in Pennsylvania
No negligence alleged
Complaint is grounded in deceit and not on assumpsit (A legal action for breach of contract)
Obligation not dual but relational
No damages here



We will return to public policy when we get to damages.




There is a definite contract between the doctor and patient, and the court will now decide if it’s enforceable.




Mamlin- There must be a well defined public sentiment, and the court may constitute itself in declaring that policy.




Treating children as economic costs is somehow in conflict with the idea of the family unit.




What to take away: How to read an opinion closely and critically.










Class 4


Wednesday, September 03, 2008


11:28 AM


Finishing up Shaheen:




The judge said that voluntary sterilization was not a grounds for divorce, and then said that the sole purpose of marriage is to procreate.




Structure


Contractual Da

in reference to: 2001 Lobby List Sorted by Lobbyist - Part 1 (view on Google Sidewiki)