Contracts - Session 04

Transcript

SFV Room 200B: I think last time we stopped on page 22. Well, we’re not going to do the pieces right now. We’re going to…
SFV Room 200B: I’m gonna administer this quiz that is… you see on the board right here.
SFV Room 200B: It’s also on, …
SFV Room 200B: It should be on… what is that? Zoom? Piggy, however you want to do it. These are the first 3 questions. When I say start, you will have 6 minutes to finish 3 questions, so 2 minutes per question.
SFV Room 200B: Okay? And then I’m going to go to the next 3, and the next three, or four.
SFV Room 200B: There are a total of 10 questions I want you to provide… provide your answer.
SFV Room 200B: And I want you to email your answer to me.
SFV Room 200B: Before the end of class tonight.
SFV Room 200B: Where are they at, Professor? I will give you the email address.
SFV Room 200B: Which is on your, … Syllabus. Syllabus. But it’s, I think it’s mkade at uwla.edu.
SFV Room 200B: you will have to provide all of your answers. You just basically write 1, A, 2, B, 3, C.
SFV Room 200B: You see what I mean? No more than that. No explanation, no questions, you’re taking a test.
SFV Room 200B: So, when I say start, you have 6 minutes for the first 3, and then I’m just going to move on to the next. Excuse me? Is it on the D12? Sorry for… It’s not on D12. Oh, I created it this afternoon.
SFV Room 200B: Is it okay if I… If you can log in, you must be able to see it on Zoom. Yeah. Or you can just look at the board. It’s hard to see the board, right? Take a picture, sure.
SFV Room 200B: Okay, don’t… don’t take it to show me, because it’s WordPress. Sorry, I’m live.
Yessenia Soria: Professor, it’s not on… it’s not on D2L.
Yessenia Soria: I didn’t… I didn’t say Sunday 12th.
Yessenia Soria: I mean, it’s just.
SFV Room 200B: You should be able to see it. Okay, it’s gonna need it. Those that are on Zoom, do you see it? Do you see the page? Alright, fantastic. So, if you’re on Zoom, you should be able to see it. If you’re not, get on Zoom.
Adreanne Kumamoto: We can see it, Professor.
Anabella Sulahian: I see 3 questions.
SFV Room 200B: That goes for everybody in class, too. If you want to get on Zoom, feel free to do that. I’ll wait for you.
SFV Room 200B: I didn’t put it on there, because I wanted to get you. Thank you.
SFV Room 200B: Question 1, A, B, or C, or D? And our name?
Suzy S: B.
SFV Room 200B: It’s like….
Suzy S: Just email that.
SFV Room 200B: the subject?
Suzy S: a lot of fun.
SFV Room 200B: Sorry? Subject.
Suzy S: Just put quiz one.
SFV Room 200B: If you are on mute, you need to mute yourself. Anybody that is in this class, mute yourself, because otherwise we’re going to have that sound around.
SFV Room 200B: All right.
SFV Room 200B: Who needs more time?
SFV Room 200B: To log in. To log in, no. Or get the questions.
SFV Room 200B: He’s been a cute boy.
Alex Poberezhskiy: You got two emails on the syllabus. Which ones do you want to send it to?
SFV Room 200B: Use both, please. If you… if you don’t know both, just put mkate at uwla.edu. That should be good enough.
SFV Room 200B: This is simple.
SFV Room 200B: We’ll start in 2 minutes.
SFV Room 200B: Sorry.
SFV Room 200B: Thank you.
SFV Room 200B: What was the email? One more time? mcade?
SFV Room 200B: at UWLA.edu. Thank you. Sure.
SFV Room 200B: And in the subject line, you can just put Quiz 1.
SFV Room 200B: Completely old.
SFV Room 200B: M-K-A-D-E uwna.edu, whatever. Whatever.
SFV Room 200B: at UWL.edu.
SFV Room 200B: One minute.
SFV Room 200B: No. Okay, stop.
SFV Room 200B: 6 minutes.
SFV Room 200B: Wait, what? Six minutes for the first three questions. Because then I’m gonna move on to this next three, and then you won’t be able to see it anymore.
SFV Room 200B: So, unless you took a picture. No, no, wait, wait, so the first time it was for login?
SFV Room 200B: Yes, Rao. Do you want to log in?
SFV Room 200B: Not working.
SFV Room 200B: We make it bigger.
SFV Room 200B: Perfect.
SFV Room 200B: Is that helpful?
SFV Room 200B: Oh, yeah.
SFV Room 200B: We can’t scroll down?
SFV Room 200B: surf the air. Okay.
SFV Room 200B: Yeah, on Zoom, now we can only see question 1 and 2.
SFV Room 200B: Yeah, so that’s everybody else.
SFV Room 200B: So, question 1 says, which of the following best describes an offer in contract law? A statement of intention to negotiate further.
SFV Room 200B: B, a definite expression of willingness to enter into a bargain made so that another is justified in understanding a cent will conclude the deal. C, an advertisement listing prices of goods for sale.
SFV Room 200B: D, a promise made in jest with no reasonable intent to contract.
SFV Room 200B: I mean, if you don’t know the answer to this one…
SFV Room 200B: I don’t know if you’re interested by jumping from the second floor, maybe go to a higher floor and…
SFV Room 200B: And they’re temp, right? That’s good.
SFV Room 200B: Question 2 says, Pat says to Jordan, I might be willing to sell my car for $5,000.
SFV Room 200B: I might be willing to sell my car for $5,000. Jordan immediately replies, I accept.
SFV Room 200B: Which is true.
SFV Room 200B: A contract is formed because Jordan accepted the offer.
SFV Room 200B: No contract is formed, because Pat’s statement was only an invitation to negotiate.
SFV Room 200B: C. A contract is formed because the price was settled, I mean, stated with certainty.
SFV Room 200B: D. A contract is void because Jordan did not counteroffer.
SFV Room 200B: Has everybody answered question 1 and 2? Yes. Can we move on?
SFV Room 200B: Alright, so here’s 3 and 4.
SFV Room 200B: Question 3.
SFV Room 200B: Which of the following is NOT?
SFV Room 200B: Generally considered an offer. Is not.
SFV Room 200B: Consider the offer.
SFV Room 200B: I will sell you my laptop for $500.
SFV Room 200B: B. I could probably let this go for $500,
SFV Room 200B: See, do you want to buy my laptop for $500?
SFV Room 200B: I promised to sell you my laptop for $500, and all you need to do is say yes.
maddykoshkaryan: Professor, can you go up to 1 and 2 for just one second?
SFV Room 200B: You guys are welcome to take a picture of this on Zoom or a screenshot, whatever you want, totally okay.
SFV Room 200B: Everybody done with question 3? Is this the right?
SFV Room 200B: Alright, question 4. Sam, after a long and frustrating day, Exclaims to his coworker.
SFV Room 200B: You know what? I’ll sell you my house for a dollar.
SFV Room 200B: The co-worker eagerly replies, deal!
SFV Room 200B: Under the objective theory of contract, Is this an offer?
SFV Room 200B: A. Yes, because a reasonable person would interpret Sam’s words as a serious offer.
SFV Room 200B: B. No, because Sam did not subjectively intend a contract.
SFV Room 200B: C. No, because the offer was made in anger, and thus automatically void.
SFV Room 200B: D, yes, but only if Sam confirms in writing.
SFV Room 200B: You see it.
SFV Room 200B: Is anybody sweating?
SFV Room 200B: See, the student. It’s kind of hot.
SFV Room 200B: Floor air conditioning.
SFV Room 200B: I suppose the exam.
SFV Room 200B: It’s not true.
SFV Room 200B: Korean presence.
SFV Room 200B: Is that true?
SFV Room 200B: Is everybody done with Ford?
SFV Room 200B: Sure.
SFV Room 200B: Anybody else needs more time on Zoom?
SFV Room 200B: Easy questions, I think.
SFV Room 200B: 5.
SFV Room 200B: Emily is visibly intoxicated at a bar, And slurs to Chris.
SFV Room 200B: I’ll sell you my Rolex for $100 right now.
SFV Room 200B: Chris knows Emily is too drunk to understand the transaction, and immediately accepts Is this an enforceable offer?
SFV Room 200B: Yes, because Chris accepted an objective word seems…
SFV Room 200B: accepted, and the objective would seem serious? No.
SFV Room 200B: Because a reasonable person in Chris’s position should know Emily lacked capacity.
SFV Room 200B: See? Yes, unless Emily later proves she was involuntarily intoxicated.
SFV Room 200B: D. No, because contract for luxury goods must always be in writing.
SFV Room 200B: So here’s the, four choices.
SFV Room 200B: Tech questions?
SFV Room 200B: It’s okay, doc.
SFV Room 200B: There’s so nice, good people.
SFV Room 200B: It’s part of my car. Next time, I’ll put it on a D2L.
SFV Room 200B: Thank you. But only at the last second.
SFV Room 200B: Is everybody done with question 5?
SFV Room 200B: Yes. No? Yes? Not yet. Not yet, sorry. Not yet, okay.
SFV Room 200B: I can see shit.
SFV Room 200B: Stop.
SFV Room 200B: Is everybody done with question 5?
SFV Room 200B: Questions 6 and 7 are now on.
SFV Room 200B: Problem 6 says, an advertisement states, brand new laptops, $200 each.
SFV Room 200B: First come, first served.
SFV Room 200B: Limited to 3 units.
SFV Room 200B: Which is correct.
SFV Room 200B: It is not an offer, because advertisements are always invitations to negotiate.
SFV Room 200B: The… it may be considered an offer because it is clear, definite, and explicit
SFV Room 200B: Leaving nothing open for negotiation. C. It is not an offer because there was no direct communication to a specific person.
SFV Room 200B: It is an offer only if the store intended to sell all laptops at $200 with low numbers.
SFV Room 200B: with no limit.
SFV Room 200B: Question 7.
SFV Room 200B: Taylor writes in an email.
SFV Room 200B: I will sell you my motorcycle for $4,000, but you must accept by Friday.
SFV Room 200B: Which of the following is true? A. This is not an offer because Taylor set a deadline.
SFV Room 200B: B.
SFV Room 200B: This is an offer because it invites acceptance on definite terms.
SFV Room 200B: C.
SFV Room 200B: This is not an offer, because motorcycles are subject to title requirements.
SFV Room 200B: That must be a joke. This is only a preliminary negotiation until Friday.
SFV Room 200B: Is that what he’s done with 7?
SFV Room 200B: Problem 8.
SFV Room 200B: Which scenario most clearly is an offer?
SFV Room 200B: A store places a price tag on a sweater for $50.
SFV Room 200B: V.
SFV Room 200B: John says, I’m considering selling my boat for around $5,000.
SFV Room 200B: C. A homeowner tells a neighbor, I will sell you this property for $200,000. If you agree, we have a deal.
SFV Room 200B: D.
SFV Room 200B: A company sends out a flyer listing items and their prices.
SFV Room 200B: Again, which scenario most clearly is an offer?
SFV Room 200B: Was this the last question? No.
SFV Room 200B: Sorry.
SFV Room 200B: Problem 9.
SFV Room 200B: Lena angrily shouts at her roommate. Fine, you can have all my furniture for $10, since you keep complaining.
SFV Room 200B: The roommate immediately hands Lena $10, which is the best analysis.
SFV Room 200B: A, there’s no contract because Lena’s statement was made in frustration, and the law honors subjective intent.
SFV Room 200B: B. There may be a contract, because under the objective standard, Leno’s words could be reasonably interpreted as an offer.
SFV Room 200B: C, no contract because consideration was inadequate.
SFV Room 200B: D, no contract, because oral offers of goods are unenforceable.
SFV Room 200B: This one is a little… some of the answers are not something we’ve discussed yet, so if you get it wrong, I’m cool with it.
SFV Room 200B: Would you mind going up? Yeah.
SFV Room 200B: Thanks. Sure.
SFV Room 200B: Does anybody need more time on question 9?
SFV Room 200B: Problem 10. And final problem.
SFV Room 200B: Ben tells a friend at a party, while tipsy.
SFV Room 200B: I’ll sell you my car for $1,000.
SFV Room 200B: The friend knows Ben has been drinking heavily.
SFV Room 200B: But believes he still understands what he’s saying.
SFV Room 200B: Which outcome is most likely? A no contract, because intoxicated persons can never make an offer.
SFV Room 200B: We’ll make offers. There you go.
SFV Room 200B: No contract, because the friend knew, or had reason to know, Ben was in case.
SFV Room 200B: C, contract, because intoxication, does not automatically invalidate in an offer.
SFV Room 200B: The contract, because objective theory always overrides incapacity defenses.
SFV Room 200B: I’ll see.
SFV Room 200B: Does anybody need more time?
SFV Room 200B: If everybody’s done… is… don’t cheat.
SFV Room 200B: Send your answers to my email now. mk at UWLA. mk at uwl a dot edu. Thank you. K or K? MK. M-K-A-D. That’s gonna be bad.
SFV Room 200B: Do you want our student ID in the subject line? No, ma’am. Just, just put quiz one.
SFV Room 200B: We’re not… I’m not gonna grade you.
SFV Room 200B: I just want to see how much we know. That’s all.
SFV Room 200B: We’re gonna go over it right now. Yes, we’re gonna go over it right now.
SFV Room 200B: Six… I just found out what I did.
SFV Room 200B: Oh, by the way, I haven’t given a quiz in 5 years. I feel special. Only because there’s 56 of you in this class, you know, it can’t get under control, so I need to… I need to know
SFV Room 200B: If you’re playing, you know, in the same band, or…
SFV Room 200B: Some of us are many off.
SFV Room 200B: Because then that would be dangerous.
SFV Room 200B: Excuse me.
SFV Room 200B: So please email now.
SFV Room 200B: Time is 6.55. If your email comes after 7…
SFV Room 200B: I’ll give you a huge quiz to do at home. Like, 30, 40 questions. I’m not kidding.
SFV Room 200B: LB of punishment.
SFV Room 200B: And be in practice.
SFV Room 200B: I accept your offer. I would hope not. There’s no offer, it was a joke. Actually, losing her.
SFV Room 200B: All right. Let’s go over… at UWLA.edu. You have one more coming in. Okay, no problem. Oh, you have until 8 o’clock? Yeah, 7 o’clock.
SFV Room 200B: I was gonna be on a few of the pussies.
SFV Room 200B: All right.
SFV Room 200B: So, who says… What’s the answer to question one? BBB. Why?
SFV Room 200B: Yes, ma’am. A contract is a promise or set of promises of the breach of which the law provides a remedy. So, basically, the whole answer was there.
SFV Room 200B: And… and… since you were giving us the definition.
SFV Room 200B: Would you like to complete that definition?
SFV Room 200B: Yes, … Yeah, well, there needs to be a… there needs to be a manifestation of mutual assent, in order to form it, and… I meant the definition of contract. Oh, contract. Yeah, promise or set of promises, and the breach of which the law provides a remedy.
SFV Room 200B: And then there’s… I know there’s a…
SFV Room 200B: the law in some way recognizes as a duty. Very good, very good.
SFV Room 200B: You said the most important part, though. Thank you. Okay, so, question one, which is, which of the following best describes an offer in contract law? And I think it’s pretty easy, right? A definite expression of willingness to enter into a bargain.
SFV Room 200B: Right? Made so that another is justified in understanding a cent, will conclude the… in other words, if… I think we talked about this, but just in case anyone is confused, the offer must be made in a way that all you have to do is say, I accept.
SFV Room 200B: If you have to say more, it’s likely not an offer.
SFV Room 200B: Right? It’s got to be definite, certain terms communicated to the offeree, a present willingness to enter into a bargain. And as soon as you say, deal.
SFV Room 200B: That’s the end of it.
SFV Room 200B: Not, wait a minute, how much was it? When are you gonna… you know, none of that stuff, right? Otherwise, it may or may not be an offer.
SFV Room 200B: Okay? Okay, so, yes? I got this one right, but why would C not be right?
SFV Room 200B: Okay, see, an advertisement listing price of goods for sale. That is not… definitely not an offer, because…
SFV Room 200B: We talked about this. An advertisement generally is what?
SFV Room 200B: It’s an invitation for an offer, right?
SFV Room 200B: We, we may not have covered that case yet, but sometimes advertisements are offers, if it meets the definition of an offer, right? So, for example, when you get to
SFV Room 200B: when we get to first come, first serve, first three laptops, whatever, 200 bucks, you’ll see that that might be an offer, because it’s definite and certain, the quantity is clear, right? And the audience is clear. The first one to walk in. That’s because it says prices are listed, that’s why.
SFV Room 200B: The price is listed, but it’s still an advertisement. We don’t know how many. Quantity is not clear, is it? We don’t know how many. Is it 1,000? Is it 1 unit? Is it 5 million units? We don’t know. So clearly, remember we said quantity is required, right? And also, what is the general rule regarding advertisement? Not an offer.
SFV Room 200B: Only if it meets the definition of an offer could it be at certain definite terms. Certain definite terms, we said under the UCC is… Quantity. Quantity, there you go.
SFV Room 200B: So, for that reason, that fails.
SFV Room 200B: Question 2. By the way, I want to tell you, honestly, I prepared these
SFV Room 200B: This afternoon, so it’s not like I went over them 5,000 times to figure out, you know, I just made sure they’re correct.
SFV Room 200B: Okay.
SFV Room 200B: Pat says to… I mean, this is pretty much how we do it for the finals, right? We just… we draft our own questions just to…
SFV Room 200B: Have fun with y’all.
SFV Room 200B: Pat says to Jordan. I might be… I might be willing to sell my car for $5,000. Jordan immediately replies, I accept. Which is true.
SFV Room 200B: A contract is formed because Jordan accepted the offer. Is that true? It is not true. Why is that not true? Why is it not true?
Anabella Sulahian: Didn’t make an offer.
SFV Room 200B: On Zoom, go ahead.
Anabella Sulahian: I don’t think he made an offer.
SFV Room 200B: Yeah, he did not make it. He said, I might be willing to sell my car. He didn’t say, there was no expression of intent to be found by a certain… Yeah, absolutely. Presently, Matt, remember I told you, if I say, I will be selling my car next month for $5,000,
SFV Room 200B: That is not an offer.
SFV Room 200B: It’s a present intent to be bound. You can say.
SFV Room 200B: I will sell you my car right now for $5,000, but I’ll deliver it to you next month. No problem. I’ll deliver it to you 5 years from now. No problem.
SFV Room 200B: I’ll give it to you in 10, 20 years, no problem. But you have to have the intent, present intent, to be bound.
SFV Room 200B: By certain definite terms, right? Time of delivery, et cetera, et cetera, irrelevant.
SFV Room 200B: I’ll build the house for you in the next 5 years.
SFV Room 200B: No problem, as long as you have the intent to be bound now.
SFV Room 200B: Are we clear? What does it intend to be about? So…
SFV Room 200B: B says, no contract is formed because Pat’s statement was only an invitation to negotiate. Yeah, that sounds about right.
SFV Room 200B: Right? That sounds about right. It’s an imitation. He says, I might be willing. And then he’s just waiting for you to say, okay, would you take $4,000? You know, are you really serious about $5,000? Is it negotiable?
SFV Room 200B: Can we go down the price a little bit? You know, can I pay you payments? Payment plans, things like… you see what I mean? It’s an invitation for you to…
SFV Room 200B: Yes, sir. So, question one, like, was…
SFV Room 200B: It’s the answer choice, in terms of, like, the invitation to, basically, invitation to negotiate further? Is it too vague? Is that what the issue is with that one? In regard to what you just said? Yeah, because question one says, which… excuse me, guys, guys, please. Which, guys, at ease, please.
SFV Room 200B: Which, it says, question one says, which one best describes an offer? Yeah. And we’re basically saying a definite expression of willingness
SFV Room 200B: To enter into a bargain, Basically, they… all the offeree has to do is say, done.
SFV Room 200B: Deal. I accept.
SFV Room 200B: That’s the best expression of an offer, okay?
SFV Room 200B: Alright.
SFV Room 200B: Problem 2, C says a contract is formed because the price was stated with certainty. That’s baloney.
SFV Room 200B: Right? First of all, price doesn’t have to be stated with certainty. We talked about gap fillers, and we did indicate that if they do not mention
SFV Room 200B: Price.
SFV Room 200B: The court will…
SFV Room 200B: find a reasonable price, right? But if the parties did mention price, or… I think somebody asked me a question, you know, before class started, I think you mentioned this.
SFV Room 200B: If the party says we have to agree to agree on a price.
SFV Room 200B: The court cannot, and will not Substitute its own judgment.
SFV Room 200B: Do you understand? If you and I say we’re going to agree to agree on a price.
SFV Room 200B: for my car, court cannot say, oh, okay, it’s $100,000. That’s how much it’s worth, based on expert testimony. - we said we’re going to agree on a price at a later time. What happens in that situation?
SFV Room 200B: Is that a contract?
SFV Room 200B: Yes. No. Because it’s not certain? Absolutely! Because if he said we’re going to agree to agree, one of the essential terms that we agreed on is missing.
SFV Room 200B: There is no substitute for that. There is no deal. There is no contract. The court will not use gap fillers to… because remember, gap fillers are… if you read 2 dash… what is it, 305?
SFV Room 200B: it basically says, I don’t quote me on the numbers, but I went through the gap filler provisions. If there is nothing stated about the price.
SFV Room 200B: Then the court will use gap fillers, right? But if the party says we have to agree on a price later, the court is not going to substitute its own judgment. Think about it. We’re not talking about a car or two cars, it may be millions of gallons of oil.
SFV Room 200B: We’re maybe talking about billions of dollars. Fortin’s not gonna just say, okay, you guys didn’t agree? No problem, I’ll do it today.
SFV Room 200B: Aren’t gap fillers mainly for UCC? Yes, they are, absolutely. And here, we’re talking about setting a column, so it’s a UCC issue. Got it. Yeah.
SFV Room 200B: So, yes, sir? Kind of just a general question about these. Obviously reading through some of them, the multiple choice, there were some answers that were, like, pretty clear that it’s not, like, you know, it’s fake, or it’s trying to throw them off. And some are… And some are, like, iffy. Is this, like, are the multiple choice questions on the bar exactly like that? Yes. Unfortunately, yes.
SFV Room 200B: I gotta tell you the bad news, which is…
SFV Room 200B: Which is that on the bar, you may get, questions that two of them almost… are almost correct. One of them is absolutely correct. But the other ones are, like, completely correct. Usually, there’s, like, one answer that is just ridiculous.
SFV Room 200B: Two are so close.
SFV Room 200B: But only one of them is absolutely the correct answer. And unfortunately, these are not at all difficult. Category of difficulty with the state board is much higher, I gotta honestly say.
SFV Room 200B: Okay? This is just for us to practice, to make sure we got the concepts, right? But yeah, you definitely will look at four questions.
SFV Room 200B: And I’ll get to you in a minute. But let me just tell you, with regards to the MBEs, with regards to multiple choice questions, again, I’m sorry, I have to go back to my own life experience.
SFV Room 200B: Both as a… both as a student, as a… one-time bartaker, And as a professor.
SFV Room 200B: and a TA.
SFV Room 200B: I don’t know if I mentioned this in this class, but I’ll mention it.
SFV Room 200B: Couple of months, a month and a half, or a couple of months before taking the bar.
SFV Room 200B: I noticed that even with the subjects that I loved and cared for so much, like torts, like contracts, like criminal law, constitutional law, I’m getting 50%, 50-55%, so clearly that was a failing grade.
SFV Room 200B: And I freaked out.
SFV Room 200B: I called my dad. This is a joke, so that you remember the joke. I called him, I said, don’t ever tell anybody anymore that I passed the bar.
SFV Room 200B: Because… because my dad was like, if you’re taking the bar, you’re already a lawyer. If you become a lawyer, you’re a judge, and if you become a judge, you’re a justice, or… that’s… that’s your debt, okay? That’s my debt.
SFV Room 200B: And so I was like, I was pissed off, and I was like, what am I gonna do? He said, there must be someplace that you can get some help. You need to reach out.
SFV Room 200B: He said, okay.
SFV Room 200B: And so, one of my friends, one of my law school friends, one of the two girls that I was passing notes to, like, I told all of you, some of you, before class started.
SFV Room 200B: …
SFV Room 200B: One of them told me, have you taken PMBR? I said, what the hell is PMBR? She said, oh, it’s an MBE course.
SFV Room 200B: Prepares you for the multi-state questions.
SFV Room 200B: I said, oh, crap. So he said, oh, she said, you already missed the deadline for the 6-day course, it’s over. But there’s a 3-day course.
Adreanne Kumamoto: I’m telling you this for a reason.
SFV Room 200B: So I signed up for the 3-day course, I went to the course, and immediately… I mean, immediately that night, after the second day, or the third day, I don’t recall, I started hitting 70, 73, 75%. No extra reading on my part. Nothing.
SFV Room 200B: I just learned how to take MBA questions. Do you understand? That’s why when I just said 2 minutes, you literally have 2 minutes and 17 seconds.
SFV Room 200B: Or, I think 1 minute and 27 seconds. It’s a minute and something, yeah. 1 minute and 27 seconds, or something like that, for each of the MBA questions. So, you don’t have time to go, let me read that again. Professor, can you go up and down and… -
SFV Room 200B: It’s… by the time you do that, it’s over. It’s finished.
SFV Room 200B: So you have to learn how to take MBEs.
SFV Room 200B: Okay? And so what I learned during that 3-day course, the most important thing that I learned is go to the bottom of the question first, read the call of the question.
SFV Room 200B: What are they asking you?
SFV Room 200B: Not the top of the question, because the questions are not like this. They’re, like, half a page long. I’m not kidding, they literally were, like, this big. You gotta read all of that, not this nonsense.
SFV Room 200B: Right? So I learned, go to the call of the question first, then read the question. And I was like, boom! Immediately, I was…
SFV Room 200B: you know, and I passed the bar the first time. I 100% would have failed the bar.
SFV Room 200B: Had I not taken that course.
SFV Room 200B: And I’m not offering or, you know, advertising for anyone. I don’t believe PMBR exists anymore, so thank God, I’m not advertising. But those two professors, to this day, I… I pray.
SFV Room 200B: For them, because they were geniuses.
SFV Room 200B: And that was just… it wasn’t just me, it was just so many of us. I think there were, like, a thousand people sitting in that room. It was that big.
SFV Room 200B: Nope, nope, and you couldn’t see the end of the room.
SFV Room 200B: So…
SFV Room 200B: From now on, when you practice MBEs, if you’re screwing up, excuse my French, get help. Try to learn, and I’m not a master at this, but there are help with school. If you email Elvis or reach out, there are people that will teach you.
SFV Room 200B: And I believe it’s free.
SFV Room 200B: how to take MBEs.
SFV Room 200B: Okay? So, it’s not you, it’s just that we have to learn how to do it, you know what I mean? It’s really just like that.
SFV Room 200B: Okay, so, having said that, any questions so far?
SFV Room 200B: Yes. Are advertisements subject to, …
SFV Room 200B: Yeah, are… are capillaries subject to evidence?
SFV Room 200B: It depends. So, if there is an… if the advertisement turns out to be an offer.
SFV Room 200B: Okay? For the sale of goods.
SFV Room 200B: And you say, this is an offer, and the offer is missing, price?
SFV Room 200B: or deliver… time of delivery, or time of payment, etc, etc, you go to the gap fillers. Okay. No, quantity, quantity, absolutely, thank you for that question.
SFV Room 200B: absolutely is not subject to gap fillers. If quantity is not stated, what happens to that offer?
SFV Room 200B: It’s dead. It’s a dead offer.
SFV Room 200B: Point blank debt.
SFV Room 200B: If you don’t know what that means, ask these two. I don’t know what you’re talking about. No, seriously, if you don’t see quantity mentioned, you gotta fail that offer. It’s a requirement.
SFV Room 200B: Okay? Now, there is an exception, and I think somebody before we walked into class asked me that question, and I said, we’ll reach out to it. That is what? What type of offers? Maybe…
SFV Room 200B: Quantity not mentioned, but maybe enforceable? Output and… And requirements. Requirements. Very good. Output and requirements. We’re going to get to that. That’s the only exception.
SFV Room 200B: The only exception, okay? It’s… it’s when, for example, Ford Motor Company enters into a contract with a leather manufacturing good.
SFV Room 200B: And says, look, all the letters that you will output
SFV Room 200B: You make this year, we’ll buy all of it.
SFV Room 200B: Is that enforceable under the UCC? Absolutely. Even though quantity is not mentioned. We’ll find out how that works. Or, all the requirements, you know, the leather company, on the other hand, might say, all the leathers that Ford will require for the year 2025, we will produce.
SFV Room 200B: That’s a requirement contract.
SFV Room 200B: enforceable, even though quantities not mentioned. We’ll talk about that, because otherwise.
SFV Room 200B: UCC would actually ruin these contracts, right?
SFV Room 200B: Which is… they’re very, very valid contracts, right? You’ll see that when it comes up with, I think it’s propane tank or something, or gas. There’s a case law in the book. Like, for example, that Ford one, because it could be, like, 500 cars that require the leather seats, or, like, even 1,000.
SFV Room 200B: Usually it’s not… there’s no number to it. There’s no 500, or… it’s all… yes, there’s no required number. And then we’ll find out what the reasonableness of… it’s subject to reason. It’s… you can’t just sue and say, you know, Ford usually sells, let’s say.
Adreanne Kumamoto: ….
SFV Room 200B: 500,000 units a year, and sues the leather company, says, I wanted 5 million this year, and you failed to produce.
SFV Room 200B: Well, that’s baloney. There’s got to be some reason. We’ll talk about that.
SFV Room 200B: Later. Okay, which of the following is, not generally considered an offer? A. I will sell you my laptop for $500.
SFV Room 200B: B, I could probably let this go for $500,
SFV Room 200B: D, do you want to buy my laptop for $500?
SFV Room 200B: D, I’m sorry, that was C. D, I promised to sell you my laptop for $500. All you need to do is say yes.
SFV Room 200B: Obviously, B is… Not generally an offer, right?
SFV Room 200B: Probably let go means nothing.
SFV Room 200B: Okay, 4. Sam, after a long and frustrating day… Now, the reason I wrote this one.
SFV Room 200B: is because I wanted to… Make one point very clear.
SFV Room 200B: You have to look at the context.
SFV Room 200B: When you look at exam questions, there are some stuff that you may find what we find as what we call red herring, like nonsense stuff we don’t care for. But there’s a lot of stuff that there is a reason why we put it in there.
SFV Room 200B: Just to see if you catch it.
SFV Room 200B: Right? This one happens to be a little easier, because I put objective theory of contracts in bold print, right? But…
SFV Room 200B: Truthfully, you need to look at the context of the conversation, right? The whole thing, or the… or how the information would exchange between who was exchanged. Was it between a husband and wife? Was it between two friends? Was it between two brothers?
SFV Room 200B: Was it between two business associates that have long-standing business with each other? These are all important. So here, question 4 says, Sam, after a long and frustrating day, exclaims to his coworker.
SFV Room 200B: You know what? I’ll sell you my house for $1. The coworker
SFV Room 200B: eagerly replies, deal, under the objective contract, is that an offer? Is there an offer?
SFV Room 200B: Clearly, no, right? A says, yes, because a reasonable person would interpret Sam’s wound as serious, offer.
SFV Room 200B: B, no, because Sam did not objectively… subject to the intent to contract.
SFV Room 200B: C, no, because the offer was made in anger, and thus automatically void. Now, I’m going to get to why the answer is not what you might think, but give me a minute. D. Yes, but only if Sam confirms in writing. So, by process of elimination.
SFV Room 200B: We should know that, absent what we’re going to talk about, whether the contract is enforceable, all we’re asking you is, is there a contract? Not an, is there an enforceable contract.
SFV Room 200B: Because if you were talking about enforceable contract, we have to talk about statutual frauds with regards to selling of real estate that requires a writing.
SFV Room 200B: Okay? We’re not talking about that. We’re not there yet. All we’re talking about, whether or not this is a contract. So, number one, ….
Adreanne Kumamoto: It’s sexy!
SFV Room 200B: Is there a question on Zoom? Thanks for an answer.
Adreanne Kumamoto: I’m so sorry, I was… I thought I was on mute. I was talking to my dog.
SFV Room 200B: Okay, so let’s, let’s all mute ourselves, please. Question 4D says, but only if Sam confirms in writing. That means nothing, right? That has nothing… writing is not a representation of an actual contract.
SFV Room 200B: you may have a contract, even an oral contract, it may not be enforceable. I thought of statute of frauds that a real estate needs to be in writing, that’s why… Well, again, it says, under the objective theory of contract, is this an offer?
SFV Room 200B: We’re not talking about whether there is an enforceable contract, we’re just talking about whether an offer was made.
SFV Room 200B: Right?
SFV Room 200B: So, Dee is out.
SFV Room 200B: C says no, because the offer was made in anger, and thus automatically void. That automatically void is a problem.
SFV Room 200B: Why? Because even if you make an offer in anger, it is not automatically void, it’s subject to what? Objective theory of contract. What did the other party reasonably believe at the time that you made the statement?
SFV Room 200B: You may make an offer in anger. Sure. Have you not seen that before? The dealer may be frustrated because they’re not selling any cars and say.
SFV Room 200B: Goddammit, if you take this card right now for $80,000, I’ll sell it to you.
SFV Room 200B: I had that happen to me.
SFV Room 200B: 81,000 to be exact.
SFV Room 200B: Maybe it was a jest, or maybe it was a lie, I don’t know, but I found out later that he was kind of right, because they hadn’t really sold anything that month, and he was just waiting for this first idiot to walk in. That happened to be me. Yes. Let’s see, what you just outlined would be reasonable, in, like, reasonable interpretation, depending on that, but, like.
SFV Room 200B: what reasonable person would interpret any… any property being sold for $1? That’s… that’s… that’s an excellent observation. But the point that I’m making here with C, the choice C, is that it’s not automatically… just because you say
SFV Room 200B: angrily, right? Not automatically would. It’s subject to objective theory of contract.
SFV Room 200B: What would a reasonable person interpret that statement to mean, right? It may still be an offer. It’s not automatically void.
SFV Room 200B: Okay?
SFV Room 200B: B says, no, because Sam did not subjectively intend to contract. Does that even mean anything to us? No, because we know subjectively means nothing.
SFV Room 200B: Only objectively.
SFV Room 200B: Is how we measure contracts, offers, acceptance, etc, etc.
SFV Room 200B: That leaves A.
SFV Room 200B: A says yes, because a reasonable person would interpret Sam’s worth as a serious offer. Now, you see, A is the correct answer here, but it’s not a perfect answer. It’s just, if you compare them with the other answers, it’s the best answer.
Adreanne Kumamoto: Okay.
SFV Room 200B: Fortunately, one moment, please, one moment, please.
SFV Room 200B: Unfortunately, that’s how the bar will test you. So, you have to find the answer that is the best answer. It may not be the absolute perfect answer, nobody cares.
SFV Room 200B: Right? So, when I said by process of elimination, please do that. That’s another thing that I learned at that PMBR course, is to eliminate immediately the answers that you know are false.
SFV Room 200B: Cross them over. Right away. And by the way, that… it has happened to me. Here in the bar, I remember, because the second day of the bar, which is the day that I took the M,
SFV Room 200B: Now it’s 2 days. It used to be 3 days, fuck, right? Second day is MBEs. I think 200 questions, 100 in the morning, 100 in the afternoon.
SFV Room 200B: And in the afternoon, I don’t remember the morning, but I certainly remember the afternoon, because, …
SFV Room 200B: I remember some of the questions were rather… pivot.
SFV Room 200B: And I said to myself immediately, I’m going to circle those. I had prepared for this. I’ll circle those one or two or three questions that I remember. To this day, I mean, 28 years, 7 years later, I remember 3 or 4 questions that I really hated. I didn’t want to waste time on it. I said, I’m going to come back to it. So I circled and just moved on.
SFV Room 200B: That’s another thing that I learned, that you may find useful, is not to waste your time on one thing and get frustrated. Just move on.
SFV Room 200B: Okay? When you get back to it, hopefully, it will become a little more clear, or possibly you can eliminate the wrong answers, and then if there’s two choices left.
SFV Room 200B: Eeny-mindy moe, whatever, right? It’s either this or that. If you have to take a pic, take a pic and move on. Whatever or not answer, that would be suicide. On Zoom, is there a comment or a question?
SFV Room 200B: Awesome.
Adreanne Kumamoto: Yes, sir. So… to me, this… the Lucy v. Zimmer case stood out for this question, but…
Adreanne Kumamoto: What confused me was it’s not reasonable to offer
Adreanne Kumamoto: for a house for a dollar, so I thought about the offer the attorney made for a million dollars for the person to go prove this was accurate.
Adreanne Kumamoto: I don’t think a reasonable person would say, hey, this was for, you know, you can buy my house for a dollar. So I didn’t understand, and I don’t understand how this is different from me saying, prove me wrong for a million.
Adreanne Kumamoto: I know it’s a play on objectives and subjective, but I just… can you go over that one more time, of what would make this right?
SFV Room 200B: Sure, sure.
SFV Room 200B: First of all, we’re not talking about a contract, we’re only talking about whether the language could be interpreted as an offer.
SFV Room 200B: a movement, right? Was there a…
SFV Room 200B: Intend to be bound by certain definite terms communicated to the offeree.
SFV Room 200B: I know that there was advertisement
SFV Room 200B: … in some… was it Italy or somewhere? A house for $2.
SFV Room 200B: I’m not kidding. And it really… it was true. It was true, except when you buy it, you have to spend a lot of money fixing it. I mean, a lot of money, right? And the reason they do.
Adreanne Kumamoto: So, in Italy, I remember that. I remember those.
SFV Room 200B: So, you see, if somebody… I mean, the first time I heard a house for $2, I was like, well, that’s baloney. That’s obviously bullshit. It’s not real advertisement, but it actually was.
SFV Room 200B: It actually worked. So, we don’t know if, unless we have the entire context, this may be a house that may be worth nothing.
SFV Room 200B: Right? It may be on a land that is about to go down into the ocean. Right? It may actually be nothing.
SFV Room 200B: Next week.
SFV Room 200B: Right? It’s about to slide off into the ocean, he says, I’ll take a dollar for it.
SFV Room 200B: Because maybe there’s a tax write-off. I don’t know what the issue may be. But the point is.
SFV Room 200B: He’s not the best answer, because it is an offer. He says, you know what, I’ll sell you my house for a dollar.
SFV Room 200B: So, there is an offer made, the price, which is not even necessary, because this is a sale of
SFV Room 200B: Real property is mentioned
SFV Room 200B: And, there is… it’s clearly communicated to the offeree, right? The only issue is, because it’s made in frustration.
SFV Room 200B: The question is, could that possibly
SFV Room 200B: ruin the chances of a reasonable acceptance. If the co-worker knows, but there is no indication here that the co-worker knows
SFV Room 200B: That his coworker was…
SFV Room 200B: frustrated, as opposed to the other question that was clear, the guy knew that his buddy had, you know, heavily drank, heavily drank that day. No capacity. Yeah. He knew, or at least should have known, that he didn’t have the capacity to enter into a contract.
SFV Room 200B: Right? Not the case here. So again, not the perfect answer, but the best answer out of the four. And yes, I know, because we all went to college, and this is not how we were tested in college.
SFV Room 200B: There was only one correct answer, and this nonsense never existed, right? But in the bar, and unfortunately in law school.
SFV Room 200B: Sorry, it’s these little things that would distinguish you. Why do you think…
SFV Room 200B: 30% or so passive bar, and all the rest fail.
SFV Room 200B: Because of that.
SFV Room 200B: As long as everybody would pass.
SFV Room 200B: They really have to weed out Forgive me for saying that.
SFV Room 200B: Some of the ones that are not truly ready.
SFV Room 200B: By, you know, giving you long and BS answers.
SFV Room 200B: Right?
SFV Room 200B: And, and, and put you under time pressure. Okay.
SFV Room 200B: Question 5 is, Emily is visibly intoxicated at a bar and slurs to Chris, I’ll sell you my Rolex for $100 right now.
SFV Room 200B: At least this one is $100, not, $10.
SFV Room 200B: Chris knows Emily’s too drunk to understand the transaction, immediately accepts. Is this an enforceable offer? Now, we’re not talking about whether this is an offer.
SFV Room 200B: Do you understand? It is an offer, but is it an enforceable offer? No. The last question was, was that an offer? Yes, it was an offer. Could he enforce it? Maybe, maybe not, because like you said, who the hell is going to sell this house for a dollar?
SFV Room 200B: Right? Almost never happens, unless you’re laundering money or something.
SFV Room 200B: Right? Or… Whatever it is you’re doing. Okay, so, it says, …
SFV Room 200B: A, yes, because Chris accepted, and the objective words seem serious.
SFV Room 200B: Okay. B, no, because a reasonable person in Chris’s position should know Emily lacked capacity. That is the best answer, so we don’t have to even go further, right? Should know. Not that he knew, but he should know.
SFV Room 200B: Do you understand? So, when you’re talking judging capacity, you’re looking at the offeree from his eyes, not subjectively. Did he know, or should he have no?
SFV Room 200B: That’s important, right? Would a reasonable person believe that somebody who’s visibly intoxicated and is at the bar
SFV Room 200B: What do you intend to do, enter into a contract?
SFV Room 200B: Budget 6.
SFV Room 200B: an advertisement … States, brand new laptop, $200 each. This is very important.
SFV Room 200B: First come, first served, limited to 3 units, Which is correct.
SFV Room 200B: First of all, before we go further, is this an offer?
SFV Room 200B: Yes. What?
SFV Room 200B: There are certain definite terms.
SFV Room 200B: And?
SFV Room 200B: What is the certain definite terms here? It’s the subject, it’s the price, it’s the quantity… What are the certain definite terms in this question?
SFV Room 200B: Specifically. $200, new laptops. First come, first serve. What did you say? 3 units? Quantity! Yeah. Jesus Christ, people!
SFV Room 200B: What did we say about certain definite terms under the UCC? Quantity. Nothing else.
SFV Room 200B: I said if you intend to enter into a contract, and quantity’s there, no, no phone, no cell phones. Please put away your cell phones.
SFV Room 200B: Everybody, please pull away your cell phones.
SFV Room 200B: … If you intend to enter into a contract, and there’s quantity, that’s all you need under the UCC,
SFV Room 200B: For a valid offer, right?
SFV Room 200B: Or for a contract, for that matter. So here, it says, brand new laptops. Okay, so it’s clear what is being sold.
SFV Room 200B: … $200 each, okay? Price is there. But most important, it says, 3 units.
SFV Room 200B: And then, who are the offerees?
SFV Room 200B: First three people who show up. First three people. That’s key, as opposed to the other advertisement that you were mentioning, where price tag is clear, but it’s not clear how many. This is very clear. The first person, the first three people to walk into the store and say, here’s my $200, they accept.
SFV Room 200B: That’s all they have to do, right? To say, I accept, and produce the money.
SFV Room 200B: A is A, it is not an offer because… so now we know that’s… that’s not true. B, it may be considered an offer because it is clear, definite, and explicit, leaving nothing open for negotiation.
SFV Room 200B: Right?
SFV Room 200B: And then, the last one, D says, it is an offer only if the store intended to sell all laptops for $200, with no limit. That’s… that’s obviously a stupid answer.
SFV Room 200B: Because clearly, the offer is cleared to… limited to 3 units.
SFV Room 200B: Cool.
SFV Room 200B: Oh.
SFV Room 200B: Do you understand the difference between, by the way, enforceable offers and offers? It may be an offer, but it may not be enforceable because of defenses to contract forming, which we haven’t tried to get through, right?
Frantz Biamby: Professor, what was the answer to 6?
SFV Room 200B: What was the answer to 6?
Frantz Biamby: Yes.
SFV Room 200B: It was… it may be considered an offer. B.
SFV Room 200B: Because it is clear, definite, and explicit, leaving nothing open for negotiation.
SFV Room 200B: as I said, the offerees can walk into the store, the first three, put the $200 on the table, and say, give me the laptop.
SFV Room 200B: It’s a country.
SFV Room 200B: Okay, yes, sir. Why may and not everyone be? Which one?
SFV Room 200B: Well…
SFV Room 200B: It’s the best answer, so we’re not saying that it definitely is an offer, but we’re saying it may be considered an offer because, right? So, out of all the questions, this is the best answer, right? But you’re right, if it said it is an offer, I would expect. It is an offer. In real life. Absolutely, I would say it’s an offer, of course.
SFV Room 200B: Yeah. In fact, The best way to see that is if you look at the LA Times.
SFV Room 200B: You open the LA Times, and it says, Mustang, 2025, blue, whatever, VIN number 12345, $55,000. Sale, this Saturday.
SFV Room 200B: That is an offer.
SFV Room 200B: Because the VIN number is there, so it’s very clear. You walk in, if that card is still available, they have to give it to you.
SFV Room 200B: I saw one of those advertisings for a Porsche Macan Electric.
SFV Room 200B: Yeah. Porsche McCon Electric. I walked into Beverly Hills Porsche, much to my surprise, because it was, like, $850 or something a month for a lease, which is… Damn. At the time… Amazing. At the time, it was, like, $1,200, $1,300, or more.
SFV Room 200B: And he, believe it or not, he said, that one is still here. I’m like, you gotta be kidding me. So I drove the car, I didn’t like it. But it was there. That was an offer. They could not have refused, because my FICO score would meet their criteria, right? So, in other words, that was very clear terms, it was a clear offer.
SFV Room 200B: I just… I could have accepted it, but I didn’t, right? But if it had said, Porsche, lease a Porsche Macan from $850,
SFV Room 200B: 500 in the lot, Is that an offer?
SFV Room 200B: Tell me, you know. It’s an invitation. I’m sorry? It’s an invitation. It’s an invitation, because 500 and a lot from $850, what does that mean, from $850? Is it 850? Is it $9.50? Is it 550?
SFV Room 200B: Which one is it?
SFV Room 200B: Did it… was the price silent? No, it wasn’t.
SFV Room 200B: Do you understand? So, no gap fillers.
SFV Room 200B: The price is not silent. Cap fillers will not work. So, because there’s not definite certain terms, it fails.
SFV Room 200B: Right? It would be an invitation for you to come in and say, okay, which one is 850?
SFV Room 200B: Right? Okay.
SFV Room 200B: Are we on, 7? 7. 7, sorry.
SFV Room 200B: 7. Taylor writes.
SFV Room 200B: in an email, I will sell you my motorcycle for $4,000, which you must accept by Friday. Which of the following is true? This is not an offer because Taylor set a deadline. That’s clearly BS. Right? In fact, most offers have a deadline. And if there’s no deadline, what is the deadline?
SFV Room 200B: the time of payment. Reasonable time.
SFV Room 200B: We will discuss that later. Is it not 90 days? Well, you may be correct, but we’ll talk about that. But you’re talking about an offer that is merchant firm offer? Yes. Yeah. Okay, that’s a different… yeah. That may be true, but as a general rule, if no time is mentioned, it’s reasonable time. I’ll offer you this laptop, sir, for $2,000 right now.
SFV Room 200B: Not right now. I say I offer it to $2,000. Can you come next year and take the offer? You can, but I can refuse. You won’t be able to sue me because the court is going to say, well, that’s not reasonable. Even though I didn’t, …
SFV Room 200B: re-revoke my own offer, right?
SFV Room 200B: And you didn’t accept
SFV Room 200B: within a reasonable time, you won’t be able to enforce it because it’s reasonable time. Get it? So, what is reasonable time? I don’t know, it depends on the
SFV Room 200B: the subject matter. It could be cherries. Reasonable time may be hours. Literally 4 hours, because after that, they’ll go dead.
SFV Room 200B: It may be laptop, reasonable time may be a month, maybe a week, I don’t know, right? If it’s crude oil, reasonable time, maybe 1 minute. If it’s gold, reasonable time may literally be 5 minutes.
SFV Room 200B: Maybe less.
SFV Room 200B: you’ve seen the stock market, right? So that should tell you
SFV Room 200B: And that’s… how do you buy stocks? If you, for those of you who have done it, you literally… I never learn. I just say.
SFV Room 200B: Price for the day, because I never learn how to do this nonsense. So whatever the price it is at the second that it’s clicking to buy, I’m stuck with that.
SFV Room 200B: It could be a lot more, or a lot less, who knows, than what I anticipated. Okay, question 8.
SFV Room 200B: We don’t finish 7. I’m sorry, we didn’t finish 7? Okay, so… We only get A. B, B says, this is an offer because it invites acceptance as definite terms.
SFV Room 200B: What about that?
SFV Room 200B: I think, yes, that’s possible. Yeah. And also, if you look at C, this is not an offer, because motorcycles are subject to title requirements. So clearly, you know, that’s one of those answers you have to immediately question.
SFV Room 200B: Cross off, even if you’re confused. She says this is only a preliminary negotiation until… negotiation until Friday. That is not true. No. That ends Friday. That is… yeah. It basically says, I will sell you my motorcycle, $4,000, but you must accept by Friday. The offer was just made.
SFV Room 200B: Right? Now, you must accept by Friday, you will find out that you can, the offerer can, in fact, revoke his own offer before Friday.
SFV Room 200B: So before you accept, he can revoke.
SFV Room 200B: Okay? Problem 8.
SFV Room 200B: Which scenario, by the way, 7.38, so when we finish this, we’ll take a break. Which scenario, most clearly, is an offer?
SFV Room 200B: A store places a price tag on the sweater for $50.
SFV Room 200B: Not at all. It’s an advertisement.
SFV Room 200B: Okay.
SFV Room 200B: And B, John says, I’m considering selling my boat for around $5,000.
SFV Room 200B: Considering ruins the whole thing. It’s not an offer. It may be an invitation for an offer, it may be an invitation for a negotiation, further negotiation, but it certainly is not certain definite terms, right? There’s no intent to enter into a bargain now.
SFV Room 200B: See, a homeowner tells the neighbor, I will sell you this property for $200,000. If you agree, we have a deal.
SFV Room 200B: Correct. The best one. Yup. Again.
SFV Room 200B: It’s an offer. I didn’t say an enforceable offer.
SFV Room 200B: It’s just an offer. Now, what happens at the bar is because we’re under time pressure.
SFV Room 200B: A lot of times, we just don’t read very clearly.
SFV Room 200B: And that’s a problem. And the reason they put us under that time pressure is because
SFV Room 200B: no joke, but this morning, from the time that I was in Van Nuys Court, and I came back to the office right around 11 o’clock, up until 4 o’clock, I saw 5 separate clients.
SFV Room 200B: fun.
SFV Room 200B: I had to take a complete intake, what the hell happened, what did you do, what did you not do? Oh, I didn’t do anything to… oh, I almost choked her. He said I didn’t do anything, and then by the time I was done, I almost choked her. I said, explain what almost choked her mean.
SFV Room 200B: How did you almost choke somebody?
SFV Room 200B: To, I didn’t touch her phone, to, oh, the phone was broken in the corner.
SFV Room 200B: How did that happen?
SFV Room 200B: You see, my point is, all those clients in those many hours signed them up, questioned them, do all that, take their money.
SFV Room 200B: 40% or whatever. Thank you, that’s 40%. And… These are criminals, so they have to pay up front. Oh, retainer. Retainer’s up, yeah. But you get my point. You’re under time pressure.
SFV Room 200B: You can’t say, sir, I’ll see you tomorrow.
SFV Room 200B: They’re just gonna go to somebody else. You can’t say, oh, let me get half this story. I can’t do that, there’s, like, a hearing in two days.
SFV Room 200B: You see what I mean? So you have to… you have to learn to… to perform under time pressure. Especially… this is my office. Imagine if I was working for somebody else.
SFV Room 200B: Have I told you this? We’re going to talk about summary judgments, by the way, after break. One of our cases has summary judgment. Summary judgment is… is… who knows what a summary judgment is?
SFV Room 200B: on the other parties, the defendant’s trying to see… Yeah, usually one party files a motion with the court that basically says, this case should not go to the jury, or there should be no trial, because the issues are pretty clear, right?
SFV Room 200B: For I went on some of these issues, right? Every time they would file a summary judgment, my boss would literally walk into my room, and I wasn’t a lawyer, I was a paralegal.
SFV Room 200B: Swear to God. It would drop it on my desk and say, you have one week. And it would leave.
SFV Room 200B: And if I asked for guidance, he would say, you’ll figure it out.
SFV Room 200B: And then he would say, if you lose it, I will kill you. Swear to God, I’m not kidding. Is that why you’re saying that? No, K-I-L-L. No, he, yeah, he, he, he, yeah, oh. But, but I’ll… I’m not, I’m not kidding you, the pressure was…
SFV Room 200B: unreal. I mean, I have to say, I could almost cry, almost daily, because of the pressures.
SFV Room 200B: He didn’t care. It was… it’s on your desk, you’ll get it done. That’s it.
SFV Room 200B: Opposed it.
SFV Room 200B: is what he said. One of those cases involved a boat… a boat accident with a, …
SFV Room 200B: What the hell? Jet ski.
SFV Room 200B: our client was on a jet ski, he became paralyzed after the accident. A boat slammed into him, and…
SFV Room 200B: He went paralyzed. The issue… they found the summary judgment, and the issue that they raised was.
SFV Room 200B: Jet skiing is just like boxing in a ring.
SFV Room 200B: It’s like playing football.
SFV Room 200B: You assume the risk.
SFV Room 200B: It’s a dangerous sport.
SFV Room 200B: He assumed the risk, so screw him. He went, paralyzed? Sorry, not our client’s fault. It’s an inherently dangerous sport, he shouldn’t have done it.
SFV Room 200B: That’s a summary judgment. Now, you think about it, you’re a paralegal. You’re not even a lawyer. And your boss says, you’ll figure it out, and your client is paralyzed. Oh, my God.
SFV Room 200B: Some of you may not care. I could not sleep.
SFV Room 200B: I was like, what if it was my case? And I was paralyzed, and my lawyer said, give it to a paradigm, let’s figure it out. So what’s the job of the lawyer? Give it to the paradigm. Tell me about it. His job was to be on eBay every day, 12 hours a day, buying shit.
SFV Room 200B: Buying expensive stuff. Sounds very familiar. Yeah, sounds familiar.
SFV Room 200B: buying pipes for, like, $10,000 because it belonged to Churchill and something else that belonged to President Kennedy, that… he had everything from Kennedy and Churchill and whatever. He was a great, he was a great boss. I’m grateful. I’m grateful because he taught me so much.
SFV Room 200B: I would write something, and I would go to him and beg for him to read it, and he would flip through the pages. I swear to God, it would just go like this. I would say, okay, line 3, page 14, this is your problem. Page 26, fix that, and page 29, fixed that. And he literally just went, boom.
SFV Room 200B: It was unreal.
SFV Room 200B: Hmm. But I learned so much from him.
SFV Room 200B: Point being, the pressure is there. Sometimes, it’s gonna happen to you.
SFV Room 200B: That’s why the State Bar puts so much pressure on all of us, is so that we can perform under pressure. Especially when you’re in court. You think the judge is going to give you two days to go figure it out? Yeah. No, it’s right now. Right now, let’s go. Yeah?
SFV Room 200B: Okay.
SFV Room 200B: Where are we? 9? 9? We’re on 9.
Daniel Toukhlandjian: I got a quick question.
SFV Room 200B: Yes.
Daniel Toukhlandjian: Apologize for number 8.
Daniel Toukhlandjian: maybe I misheard you, but… so, it’s obviously an offer, but is that an enforceable contract, you said, or no?
Daniel Toukhlandjian: Would he be considered?
SFV Room 200B: It’s an offer, right? So that’s all we’re going to talk about, is this an offer, okay? And we said… John says, I’m considering selling my boat for around $5,000. That is not an offer. Homeowner tells the neighbor, I’ll sell you this house for $200,000. If you’re weak, we have a deal.
SFV Room 200B: Right? That is an offer. Whether or not it’s a contract.
SFV Room 200B: by itself, I hope you don’t say it is, because he hasn’t even said yes!
SFV Room 200B: Forget about the enforceable contract.
SFV Room 200B: All we have is really an offer, so I hope you guys don’t conclude that that is a contract.
SFV Room 200B: Alright, it’s 7.43, so let me just do question 9, and then we’ll take a break. Lena angrily shouts at her roommate, fine, you have all my furniture for $10, since you keep complaining. The roommate immediately hands, Lena $10, which is… which best
SFV Room 200B: Which is the best analysis. There is no contract because later statement was made in frustration, and the law honors subjective intent. As soon as it says the law
SFV Room 200B: honors subjective intent. You should know that even though the first part of the question makes sense.
SFV Room 200B: It’s a no.
SFV Room 200B: Because when you see subjective, throw it in trash. Get rid of it.
SFV Room 200B: Okay?
SFV Room 200B: And that was my point in writing that question. Is anybody that considers that, I would, like.
SFV Room 200B: Right? B. There may be a contract, because under subjective… I’m sorry, objective standards, Lena’s awards could be reasonably interpreted as an offer.
SFV Room 200B: Okay? Okay. See, no contract, because consideration was inadequate. Well, that’s nonsense, for the most part, right? Sometimes, you know, you may sell all of your stuff for 10 bucks.
SFV Room 200B: God knows that I bought furniture for, like, $1,000, sold it for $10. Actually, I gave it away.
SFV Room 200B: I gave away a desk last month, and my brother was so pissed off, he’s like, you idiot, you paid so much money for this, you should have given it to me!
SFV Room 200B: I said, you’re not going to carry this out of this house, and neither will I. It was so big, like, 3 people had to show up, drag it out of the house. I don’t it is. Okay. And D, no contract, because all offers of goods are unenforceable. Baloney. BS.
SFV Room 200B: There you go. So, so what’s the best answer? B. Very good. All right, question 10. We’re gonna, we’re gonna take a break, because we are legally supposed to take a break. Let’s come back at 8 o’clock, sharp. 8 o’clock sharp, and then we’ll move 10. Professor, did you….
Anna Hakopyan: Do you roll call?
SFV Room 200B: Yes. Not yet.
Adreanne Kumamoto: Number 9 was B, correct?
Anabella Sulahian: Yeah, it was B.
SFV Room 200B: Feet was….
Anabella Sulahian: Would number… would number 3 be…
Anabella Sulahian: P? It’s okay.
Adreanne Kumamoto: What was number 10?
SFV Room 200B: That’s fun.
Anabella Sulahian: We didn’t do it yet.
Anabella Sulahian: I guess we’re on break now?
Adreanne Kumamoto: Yeah, I guess so. I’ll be back then.
Anabella Sulahian: I’ll see later.
Adreanne Kumamoto: Thank you, Annabella.
Anabella Sulahian: Sure.
SFV Room 200B: Is it, like, a very complex case? Like, if we were to hit, like, a customer order.
SFV Room 200B: That’s no fault of yours, if that’s what you’re asking, or what they’re feeling. But, … Sure.
SFV Room 200B: A friend of mine actually hit a dog, and they were seriously hurt, because they lost… he lost control. A dog years, many years ago. Honda, a Ford. Okay, 8.01…
SFV Room 200B: Ruben Agajanian?
SFV Room 200B: Roberto Campos?
SFV Room 200B: Marco, Danilovsky? Sure.
SFV Room 200B: Brianna? Okay. Thank you, I appreciate that. Joseph, you know, I practiced the name earlier today. See, I have a cheat sheet here. I’m practicing. Estrada is easier. Yes, ma’am. Yes.
SFV Room 200B: I actually underlined it. See?
SFV Room 200B: Joseph Pijijian? Here.
SFV Room 200B: Robert Nazarian?
SFV Room 200B: Robert Nazarian?
SFV Room 200B: Gohar Petrosian? Here.
SFV Room 200B: Danny Ramirez? Here. Armin Zakarian? Here. Joshua Zone? Here.
SFV Room 200B: Lucine Abrahamian? Here.
SFV Room 200B: Is it leucine, or…?
SFV Room 200B: Hi, is that?
Lusine Abrahamian: That’s fine, it’s Lucine, yeah.
SFV Room 200B: Okay. Thank you. Because I’m perfecting my cheat sheet so I don’t mess up your names. Surin Abrahamian? Here. That’s gonna be here.
SFV Room 200B: Eddie, Agilean?
Edwin Aghilian: Here.
SFV Room 200B: Daniel Armin?
danielarmin: Here….
SFV Room 200B: Jason, as easy.
SFV Room 200B: Jason, Azizi?
SFV Room 200B: Armin Bashian?
SFV Room 200B: But always keep the…
SFV Room 200B: Thanks. It’s something nice.
SFV Room 200B: Jason, as easy?
SFV Room 200B: Armin Bashian?
SFV Room 200B: Farm and Bastian? Guys, at ease, please.
SFV Room 200B: Franz, Diambi?
Frantz Biamby: Here, Professor.
SFV Room 200B: Victoria Briones? Here.
SFV Room 200B: … Giancarlo Hernandez? Here.
SFV Room 200B: Fabricia… Hey, Rivera?
Fabricia da Hora: I’m a heap professor.
SFV Room 200B: On a Guardian?
Anna Galadzhyan: Here, Professor.
SFV Room 200B: I’m sorry.
Anna Galadzhyan: Here.
SFV Room 200B: Sona Gaz… Gazarian? Here.
SFV Room 200B: Kevin Bolivati?
Kevin Golovaty: Here.
SFV Room 200B: Cesar Gonzalez?
Cesar Gonzalez: You’re a professor.
SFV Room 200B: Here, Professor.
SFV Room 200B: Anna Hakubian?
Anna Hakopyan: Here, Professor.
SFV Room 200B: Karin Vasquez?
Karen Hernandez: Here, Professor.
SFV Room 200B: Ruben Hunanian?
Ruben Hunanyan: Sear, Professor.
SFV Room 200B: Rita… Corayan?
Rita Karaian: Hi, Professor.
SFV Room 200B: Liana Caribian? Here.
SFV Room 200B: Grigor Kasabian? Here.
SFV Room 200B: Karo Kushkarian? Here.
SFV Room 200B: Madeline Kushkarnian?
maddykoshkaryan: Professor.
SFV Room 200B: Adrian, … Kumamoto?
Adreanne Kumamoto: Here, Professor!
SFV Room 200B: Cynthia… log… is it logger?
Cynthia Llauger: Yes, Professor, that’s fine.
SFV Room 200B: Thank you. Jason, McCoyan?
Jason Makaryan: I’m here, Professor.
SFV Room 200B: Sabrina Malekan?
Sabrina Malekan: Here.
SFV Room 200B: Arthur Maslumian.
Arthur Mazloumian: Year.
SFV Room 200B: Jana Masmanian. I’m here. Jana Masmanian. I’m here.
SFV Room 200B: Arman Mirzoyan, here.
SFV Room 200B: Say your day.
SFV Room 200B: Give me.
S.Zahra Movassaghigilani: Dear Professor, present.
SFV Room 200B: Laura Muradian.
SFV Room 200B: Laura Muradia.
SFV Room 200B: Sebastian Nazar. Here.
SFV Room 200B: Leone, Missourian.
SFV Room 200B: Ilona… Missionary.
SFV Room 200B: I’m sorry, Elona Nazarian.
SFV Room 200B: Elona and Azaria.
SFV Room 200B: Armanda or Den.
Amanda Oden : Here….
SFV Room 200B: Mossy Boyaga.
SFV Room 200B: Bastion.
SFV Room 200B: Masi oyaga.
SFV Room 200B: Alexander… She’s in the call.
Masie Oyaga: I’m here!
SFV Room 200B: I’m here, so sorry.
SFV Room 200B: Jasmine Purzanjani.
Jasmine Pourzanjani: Here, Professor.
SFV Room 200B: Savannah Safari.
Sevada Safarian: Here, Professor.
SFV Room 200B: Isabel Salazar.
Isabel Salazar: Here.
SFV Room 200B: Karina Salazar Maria.
Karia Salazar: Karia.
SFV Room 200B: Sorry, I’m sorry.
SFV Room 200B: I’ll get it by the end of the discussion.
Karia Salazar: Thank you. You can just call me Kari if you want.
SFV Room 200B: I can’t….
Karia Salazar: A-R-I.
SFV Room 200B: I appreciate that, but… Built up.
SFV Room 200B: Very nice.
Masie Oyaga: Okay, I’ll put that in there.
SFV Room 200B: Susie, Jumian?
SFV Room 200B: Cameron Smith.
Cameron Smith: Here.
SFV Room 200B: Yesenia Surya.
Yessenia Soria: Professor.
SFV Room 200B: Annabella… Sulahian.
Anabella Sulahian: Here.
SFV Room 200B: Clarissa Terrasas.
Clarissa Terrazas: Here, Professor.
SFV Room 200B: millennial… to a Columbia.
Daniel Toukhlandjian: Here, Professor.
SFV Room 200B: Why not?
SFV Room 200B: What scared Chan?
SFV Room 200B: Madonna! Yes! Thank you. We were betting on it, actually. Did you lose? I was saying he was gonna say… He lost Madonna! No, Madonna. I practiced.
SFV Room 200B: Yeah. And, Helena… Eric?
SFV Room 200B: Here. Taftiyat. Yes. Thank you.
SFV Room 200B: Let me put that on my cheat sheet.
SFV Room 200B: How much did you lose? I’m sorry? House always wants to be. Household always wins.
SFV Room 200B: I wrote it in Armenia. Okie dokie. I have…
SFV Room 200B: Robert, have you fixed your mic?
SFV Room 200B: Nope. Jason, as easy. Do I have you?
SFV Room 200B: Armin Boshan, do I have you in class?
Rita Karaian: Professor, Jason Azizi told me he’s enrolled in another, contract.
SFV Room 200B: Okay, well, he’s still here in my… she’s… I have to mark him absent.
Masie Oyaga: Laura, Muradian, I don’t have you.
SFV Room 200B: Ilona, Nazarian, I don’t have you. Masi, Oyaga, I don’t have you.
Masie Oyaga: I’m here, Professor. I don’t know if you can hear me. Macy, hi.
SFV Room 200B: Is it Misi?
Masie Oyaga: It’s Macy.
SFV Room 200B: Macy. Okay, thank you.
Masie Oyaga: Sorry, my audio’s not….
SFV Room 200B: Alright.
SFV Room 200B: One more piece of…
SFV Room 200B: Okay.
SFV Room 200B: Anybody’s name I didn’t call.
Fatima Razavi: Professor, you didn’t call my name Fatima Razabi.
SFV Room 200B: … Ms. Rosavi, you’re not on my roster.
Fatima Razavi: I just switched back in.
SFV Room 200B: Okay, switch back to me.
Fatima Razavi: Yes.
SFV Room 200B: Okay, may I please have your first name again?
Fatima Razavi: Fatima?
SFV Room 200B: Okay?
Fatima Razavi: Razavi, R-A-Z-A-V-I.
SFV Room 200B: Got it.
Fatima Razavi: Thank you.
SFV Room 200B: No problem.
Diana Amador: The same for me, Professor. I just switched over today. My first name is Diana.
Diana Amador: Last name, Amador?
SFV Room 200B: Is it D-I-A-N-I?
Diana Amador: D-I-A-N-A?
SFV Room 200B: Okay.
Diana Amador: The last name, A-M-A-D-O-R.
SFV Room 200B: Good.
SFV Room 200B: Well, welcome to my class. Now, we have 59 students.
SFV Room 200B: How many was it initially? You probably could write all these papers. Do you know what’s gonna happen to me? You give everyone… If you handwrite stuff, you would have caught them. Let it tight! It’s okay, just kidding. You’re not going to be punished.
SFV Room 200B: Okay.
SFV Room 200B: Let’s do problem 10, and then we move on. Did anybody have a question so far? No?
SFV Room 200B: Alright.
SFV Room 200B: No, I was kidding about the exam.
SFV Room 200B: Don’t worry. It’s cool. I get a million dollars to do this. Yeah. But you’re gonna do it for the money.
SFV Room 200B: Of course not. Not for this money. Depends on the money. Depends on how much money you charge for school if you did? Question 10. Ben tells a friend at a party while tipsy.
SFV Room 200B: I’ll sell you my car for $1,000. The friend knows Ben has been drinking heavily, but believes. He still understands what he’s saying.
SFV Room 200B: Which outcome is most likely?
SFV Room 200B: A, no contract because intoxication… intoxicated persons can never make offers.
SFV Room 200B: Not true. Is that true? No. That’s not true. Intoxicated persons can make offers. They make the most offers. They make the most offers. The best offers!
SFV Room 200B: B. No contract because the friend knew or has reason to know Ben was impaired.
SFV Room 200B: Yeah, most likely that is the correct answer, but let’s take a look at the other two. So, if you know, or you have reason to know, does he have reason to know? Yeah, the friend is at the party. He sees his buddy Tipsy.
SFV Room 200B: Qui juna.
SFV Room 200B: See, contract, because intoxication does not automatically invalidate an offer.
SFV Room 200B: Anterification does not automatically invite in an offer, but it’s not the best answer.
SFV Room 200B: You see? It could be a correct answer if B wasn’t existing.
SFV Room 200B: But B is there. So you have to, unfortunately, pick the best answer.
SFV Room 200B: Got it?
SFV Room 200B: That’s your task. D.
SFV Room 200B: Contract, because objective theory always overrides incapacity defenses. Baloney.
SFV Room 200B: Not true. If there is a valid Capacity Defense.
SFV Room 200B: Objective theory means nothing. Example? Forget about intoxication, talk about the minors.
SFV Room 200B: Right? If a minor enters into a contract.
SFV Room 200B: Right? Can the miner invalidate the contract? For the most part, yes, depending. And it doesn’t matter that there is an objective theory of
SFV Room 200B: … Right? … to contract.
SFV Room 200B: A binder entering into a contract, for example, to buy real estate.
SFV Room 200B: It’s most likely unenforceable if the miner wants to make the contract go away, right?
SFV Room 200B: Yeah, he would say, I didn’t have capacity. Could you please, clarify one more time why I was, B and not C? B was the best answer, because it says, because the friend knew or had reason to know Ben was impaired.
SFV Room 200B: So, again, we go back to the… thank you for that question. It’s a good question, it’s actually a very good question.
SFV Room 200B: If you look at the question, what is the question trying to tell you?
SFV Room 200B: That… that the friend was intoxicated, or that…
SFV Room 200B: the friend… that Ben was intoxicated, or that the friend knew or should have known that Ben was intoxicated?
SFV Room 200B: Which one is the real, juicy answer? The friend knowing?
Karia Salazar: You all should have known.
SFV Room 200B: the knowledge of the friend is the juicy part of this question, right? The whole point is not that he was intoxicated, I think we already know that. He’s tipsy.
SFV Room 200B: Right? So the main question that the grader is asking you, the… whoever the guy was, the rude, nasty guy that drafted the question, wanted to examine was whether you can ascertain what is the most important
SFV Room 200B: Part of this question, which is, what did a friend knew
SFV Room 200B: Or should have known, and how does that affect Contract formation.
SFV Room 200B: Right? What if it wasn’t a friend? Excuse me? What if it wasn’t a friend? It was…
SFV Room 200B: Someone else? Well, you know, you have to pose the question to me. Here, it says Ben tells a friend at a party while tipsy. In other words, the friend is there, he’s his friend, not a stranger.
SFV Room 200B: And he’s tipsy.
SFV Room 200B: Assuming that the friend knew anything about his buddy, he probably knows this guy is not…
SFV Room 200B: Entirely sold, right? So then the question is all about what did the friend know when he accepted the deal, whatever deal that was, right? How did he interpret the offer? Did he interpret it as a real offer?
SFV Room 200B: Right? As opposed to a total stranger
SFV Room 200B: Half an hour after they exit the party.
SFV Room 200B: maybe I go, oh, this guy speaks slurred, but some people do. Doesn’t necessarily mean he’s under the influence.
SFV Room 200B: Right? Or is intoxicated. But here, with the context that
SFV Room 200B: The question has created. The best answer, in my opinion, is… The judgment of the friend.
SFV Room 200B: As to whether or not his buddy, Ben, was intoxicated to the point that he could not enter into a valid contract.
SFV Room 200B: Pavish?
SFV Room 200B: But kind of, isn’t it, like, contradicting the fact pattern? Because it says…
SFV Room 200B: Ben has been drinking heavily, but he believes, he still understands what he’s saying, and as his friend, him believing he’s understanding what he’s saying is kind of the reasonable interpretation of the friend. So he’s… he’s… so, again, you are correct, it is contradictory, but what are we looking at?
SFV Room 200B: Are we looking at the friend’s subjective
SFV Room 200B: Thoughts, intent, any conclusions? Or are we talking objectively?
SFV Room 200B: Always objectively. So when you look at it objectively, and he knows his friend knew, or had reason to know that he was impaired, could he still make the determination that, oh, I think he understands what he’s doing?
SFV Room 200B: You know, I think most judges would say.
SFV Room 200B: So, let me get this correctly. Look at the language. You knew your friend had been drinking heavily
SFV Room 200B: You still thought, reasonably, he understood what he was offering?
SFV Room 200B: You see what I mean?
Adreanne Kumamoto: only….
SFV Room 200B: Drinking heavily. Forgive me, but a lot of the date rapes happens just like that, right? But I just thought with this… If you know that the person that you’re about to have sexual relations
SFV Room 200B: Man or a woman, but mostly it’s women, right?
SFV Room 200B: They’re heavily… they’re just heavily drank.
SFV Room 200B: Presence, or you know or should know.
SFV Room 200B: Should you accept their consent as real consent to have sex? Hopefully not. Unless you have a lot of money to pay me.
SFV Room 200B: Seriously, think about it. If you know that your partner had been, the person that you’re dating, had been heavily drinking, or you see somebody at the bar, do you think that consent is a real consent?
SFV Room 200B: I hope you don’t say, oh, yeah, of course.
SFV Room 200B: No, it’s not just that the guards are down. If you’re heavily drinking, you don’t know what the hell you’re doing.
SFV Room 200B: Right?
SFV Room 200B: Does anybody question that if you’re drinking heavily, you can’t reasonably make decisions, like selling something? No.
SFV Room 200B: So…
SFV Room 200B: although he may believe that he knew what he was doing, no court is gonna really believe it, right? No judge is gonna… as soon as they find out he was heavily drinking, they’re gonna say, oh, if you knew that, you should have waited 6 hours, 8 hours, and then ask him again.
SFV Room 200B: Is that offer still on the table? See what your friend says.
SFV Room 200B: Right? Then you can have a contract, sure.
SFV Room 200B: When he’s sober.
SFV Room 200B: I, I played a video, body cam video for a client of mine. He’s in his…
SFV Room 200B: Late 60s, I think he’s in his 70s, early 70s.
SFV Room 200B: But I… if I play the body cam, which I can’t, but because there’s an order, but if I play the body cam for all of you, you would think that this is a… he’s a crazy nutcase.
SFV Room 200B: You know, loose on the street that should be locked up immediately, and…
SFV Room 200B: He’s just freaking drunk, like, totally drunk when he gets pulled over.
SFV Room 200B: He is a chief engineer for JPL. He designs the direction of the shuttle, how the shuttle is supposed to travel, in what direction. This guy’s a genius, I’m not joking. He’s literally considered a genius.
SFV Room 200B: But if you look at the body cam, you’re like, oh my god, lock him up immediately for, like, a year or so.
SFV Room 200B: He’s so crazy.
SFV Room 200B: He’s F that, F this, F you, you know.
SFV Room 200B: Public.
SFV Room 200B: So, that’s intoxicated.
SFV Room 200B: Right?
SFV Room 200B: And that will be… Yes.
Adreanne Kumamoto: Is it possible for them to… because what threw me off is you acknowledging that his friend thought that he was… although he had been drinking, he was reasonable. When we take the bar, will they throw little tricks in there like that as well.
SFV Room 200B: Yes, absolutely. Poor standards.
Adreanne Kumamoto: But that was the only reason why I chose C instead of B, was because you did acknowledge that he was drunk, but the fact pattern said… but he also… so I accepted, you know, the pattern is truth, versus…
Adreanne Kumamoto: You know, like, if that one sentence wasn’t in there.
SFV Room 200B: I live with….
Adreanne Kumamoto: should be.
SFV Room 200B: Now, why don’t I like seeing? As I said, contract because intoxication does not automatically invalidate offers. It’s true that intoxication by itself does not automatically validate offers.
Adreanne Kumamoto: And usually, yeah, but….
SFV Room 200B: Remember Lucy versus the mayor? They worried! They worried! In a bar, or a restaurant, or whatever. Yet the court said, no, no, no, no, no, look at the totality of the circumstances. 40 minutes of talking, and exchanging notes, and rewriting the damn thing, and wanting to, you know, take a ride home, and all that stuff. P.S. Yeah, he may have been…
SFV Room 200B: A little tipsy, but he definitely was of sound mind.
SFV Room 200B: Right? So it’s not automatic, but the best answer, the answer to your question is yes.
SFV Room 200B: the State Bar, I don’t know, call it tricks?
SFV Room 200B: I don’t call it tricks, they just… they need to test nuances. They want you to be able to pick the best answer.
SFV Room 200B: And then….
Adreanne Kumamoto: I thought about Lucy and Zimmer, and he was high as a Georgia pine, and he still was held accountable.
SFV Room 200B: Yeah, but he wasn’t. The court did not believe that. He claimed he was. The court did not believe that. In fact, the court rejected that.
Adreanne Kumamoto: He couldn’t use it as a defense, so I thought this person couldn’t use it as a defense.
SFV Room 200B: He could. He could. Alright, let’s go to page 22, I believe.
SFV Room 200B: Solomon v. O’Connor.
SFV Room 200B: So, I had not given a quiz in, like, 5 years or so, as I recall. Maybe less, I don’t know.
SFV Room 200B: So, you know, if you have difficulty reading the screen and all that stuff, sorry about that, but… I have to make it interesting, right?
SFV Room 200B: Supreme Court.
SFV Room 200B: So, there we go. Alright, page… I think it’s page 22.
SFV Room 200B: It is. Yes, it is.
SFV Room 200B: Okay, this is the plastic surgeon, the nose job. Does anybody want to do this case for us? Brief this case for us, please.
SFV Room 200B: Anyone?
SFV Room 200B: First of all, did the jury agree that there was negligence?
SFV Room 200B: No. No.
SFV Room 200B: Right? The jury did not award anything for negligence. Did the jury award something for breached contracts?
SFV Room 200B: Sure. And in it, apparently, the jury gave pain and suffering, too.
SFV Room 200B: Because that breach.
SFV Room 200B: Now, I can tell you, in California, 99% of the time, in fact, I don’t know of one time, that this would… this would stand.
SFV Room 200B: There is no pain and suffering for breach of contract.
SFV Room 200B: Ever.
SFV Room 200B: It doesn’t exist.
SFV Room 200B: And for the most part, there is no punitive damages for breach of contract either, which you will learn next semester. Unless there is fraud or something like that, if you just merely breach the contract, there’s no… there’s no punitive damages. So you enter into a contract with me to represent you as a lawyer.
SFV Room 200B: and I don’t show up in court, Typically, although lawyers, you know, We’re always soft targets.
SFV Room 200B: typically, you don’t get to sue me for punitive damages. You get to sue me for each contract, whatever damages that may have resulted. So, that’s number one. Number two…
SFV Room 200B: … let me read you a couple of passages from page 23.
SFV Room 200B: Second full paragraph… oh, sorry, forgive me. First full paragraph, the court says, the plaintiff nose had been straight, but long and prominent. In other words, the court concluded that the note was pesto, okay?
SFV Room 200B: And then the court says, this configuration evidently could not be improved by further surgery. So.
SFV Room 200B: She was stuck with the nose.
SFV Room 200B: It has been suggested on occasion that agreements between parties, patients and physicians, by which the physician undertakes to effect a cure or bring about a given result, should be declared unenforceable on grounds of public policy. In other words, the court is
SFV Room 200B: Basically telling you that usually the doctors are making a statement of opinion.
SFV Room 200B: Right? Not a statement of fact, like, I… not… no guarantees. Not like the, you know, hairy hand where he wanted to, experiment with, this type of plastic surgery.
SFV Room 200B: But there are many decisions recognizing enforcing such contracts, the court says, on the second full paragraph on 23.
SFV Room 200B: Third fourth paragraph, the court said it is not hard to see why the court should, but unenthusiastic or skeptical about contract theory. Doctors can seldom, in good faith, promise specific results.
SFV Room 200B: statements of opinion, basically the court says usually they’re a statement of opinion, right? But patients may transform such statements into firm promises in their own mind, especially when they have been disappointed in the event, and testify, in that sense, to sympathetic juries. In other words, the court is raising the
SFV Room 200B: the alarm. Basically saying, yeah, as soon as you find out, oops, I can’t get the doctor for negligence because it’s so hard to do, just come and say, he told me he’s going to do X, he didn’t do it, breach of contract.
SFV Room 200B: That’ll be easy, right? I’m doing a…
SFV Room 200B: dental malpractice right now, which I hate, and I’m not good at it. Don’t give it to me. I’m just telling you, I’m doing it because I’m stuck with this family member that I have to sort of please.
SFV Room 200B: But if I could sue for a bridge contract, I hell would. I sure would. And I would tell him to testify like that, right? I mean, I would tell him. I would remind him, is what I meant to say, right? Zoom is on.
SFV Room 200B: Right. I know a really good student that could help me. Good. On the other hand, if these actions were outlawed, so this is now sounding the alarm, now the court is trying to say, why can’t we just let it go, right, as a matter of policy?
SFV Room 200B: bottom of the page, page 23. On the other hand, if these actions were outlawed, leaving only possible… possibility of suits for malpractice, there is fear that the public might be exposed to the enticements of charlatans
SFV Room 200B: And confidence in the profession might ultimately be shaken. In other words, the doctor can make any promises that he wants, or she wants, and you don’t get to sue for a breach of contract.
SFV Room 200B: It’s the outlaw, right? She can say, don’t worry about it, you’re going to be 100% cured. Just give me $200,000, and then you end up dead with the cancer, and then you can’t sue for a breached contract, right?
SFV Room 200B: Okay, and then, …
SFV Room 200B: Restatement second of contracts. See, I’m not going to read the restatement second, I just want you to read it for yourself, okay? Restatement second of contract talks about remedies. This is what we cover… and the reason I’m not going to read it is because we cover this next semester. And again, this is my issue with these,
SFV Room 200B: people that wrote this book. They include stuff that we’re not covering and we shouldn’t be covering right now. I just don’t like it, okay? But, …
SFV Room 200B: The reason it’s there is to tell you how you can recover for something like this, right? If there is a breach.
SFV Room 200B: How can you recover? And as you can see, one of them is restitution interest, one of them is reliance interest, the other one is expectation interest, or expectation damages. We will cover all of this next semester. In fact, near the end of next semester.
SFV Room 200B: Alright, any questions so far before we tackle problem?
SFV Room 200B: Problems on page 24 and 25.
SFV Room 200B: Anybody?
SFV Room 200B: Okay.
SFV Room 200B: Let’s go to problem one.
SFV Room 200B: On page 24, a magazine publisher placed a full-page ad in a prominent newspaper promising a $10 million reward for information leading to the removal of a public official.
SFV Room 200B: The ad further stated that the reward is conditioned on the publisher’s willingness to publish the information in one of its publications.
SFV Room 200B: Did the publisher make a promise?
SFV Room 200B: Yes, ma’am. Yes, but it’s a conditional promise. Okay.
SFV Room 200B: Anybody else?
SFV Room 200B: Okay, here’s my answer. The problem is inspired by an October 15, 2017 full-page ad in the Washington Post.
SFV Room 200B: It’s a real thing.
SFV Room 200B: In which Larry Flint and the Hustler Magazine announced a $10 million offer for information leading to the impeachment and removal of Donald J. Trump.
SFV Room 200B: The conditional language is at the… I mean, he should be lucky that he’s dead now, otherwise…
SFV Room 200B: What would happen to him? The conditional language is at the bottom of the page and eliminates the initial expression of commitment.
SFV Room 200B: And this is the bottom of the advertisement. It says, I will pay the reward if I am willing to publish the information provided.
SFV Room 200B: The point of the problem is to introduce, in a very limited way, the concept of illusory promise.
SFV Room 200B: A promise that is really not a promise.
SFV Room 200B: which is developed under the topic of consideration, which is what we’re going to talk about. An illusory promise is not a promise. It’s not an expression of commitment. And that language is not exactly in problem one, so… but it says.
SFV Room 200B: … on the publisher’s willingness to publish the information in one of its publications. In other words.
SFV Room 200B: It was a promise, but it wasn’t a promise. And, you can naturally understand how the lawsuit went.
SFV Room 200B: Right? So, an illusory promise is not a promise. If it’s a… if it’s a condition that if I want to, it’s like me saying, I want to sell my home to you.
SFV Room 200B: If I want to.
SFV Room 200B: It’s exactly like that. It’s a condition of
SFV Room 200B: If I do it, maybe I’ll do it, maybe I won’t do it, I’ll decide later. And that is not a promise. Everybody clear? Okay, very good.
SFV Room 200B: And I don’t like problem one, by the way, because I would go with what you said had I just read Problem 1, you know, out of that context. But now that I know exactly what the language was, what I read to you was in quotations.
SFV Room 200B: It says.
SFV Room 200B: At the bottom of the ad, it said the… it said, I will pay the reward if I am willing to publish the information provided.
SFV Room 200B: You wanna… Sucker-punched his lawyer.
SFV Room 200B: Right?
SFV Room 200B: Problem 2.
SFV Room 200B: A letter of intent signed by the seller and purchaser set out the framework of a potential purchase and sale of a shopping mall called the property.
SFV Room 200B: Here andafter.
SFV Room 200B: at a price of $5.28 million. The letter stated, seller and purchaser acknowledge that this letter of intent proposal is not a binding agreement, and that it is
SFV Room 200B: Intended solely to establish the principal terms of the purchase, and as a basis for the preparation of a binding purchase and sale agreement.
SFV Room 200B: Only a fully executed purchase and sale agreement shall constitute a binding
SFV Room 200B: Transaction and binding obligation… and a binding obligation between the parties.
SFV Room 200B: Provided, however, the purchaser agrees to use good faith effort to review the due diligence material provided by seller, and seller agrees to provide the required due diligence documents to the purchaser, and not to seek nor enter into a letter of intent or purchase agreement with any third party.
SFV Room 200B: For a period of 60 days from the date of this letter of intent.
SFV Room 200B: Is signed by both parties.
SFV Room 200B: Seller accepts an offer from a third-party buyer at a higher price during this 60-day period.
SFV Room 200B: Is the seller in breach of a contract?
SFV Room 200B: Yeah.
Anabella Sulahian: Yes.
SFV Room 200B: Yes, ma’am. I say yes, because there was, specific,
SFV Room 200B: Conditions to the contract, which…
SFV Room 200B: basically said you cannot, within the 60-day period, you cannot accept anything from third party, and I breached that condition. Okay.
SFV Room 200B: Did you say yes? I said yes. Can you tell me why? Don’t tell us.
SFV Room 200B: I read about it earlier today. Offers are irrevocable under, like, 7 different conditions, and this was one of them. It wasn’t express, it was called something else. Oh, it’s a… wait.
SFV Room 200B: option contract, I think? Or something like that? It’s not an option contract. No, no.
SFV Room 200B: But the question is, you know, is this binding, right? Is that what the question is? Is the seller in breach?
Anabella Sulahian: Yeah. Yes.
SFV Room 200B: I think it’s kind of a question just for clarity, but I don’t know how to answer it, because, like, literally in the beginning, it says this letter of intent is not a binding agreement. So… Got it. And then it goes on to say what? And then it goes on, like, the seller, I guess…
SFV Room 200B: Actually, against this… It seems a letter of intent, but…
SFV Room 200B: Binding, so it leads me to believe
SFV Room 200B: This is a… yes. Sorry, I was just saying, after that, doesn’t it just say that it’s preparing for further negotiations for that binding agreement? In a way, but what the court thought was significant in a case called Logan v. D.W. Silvers.
SFV Room 200B: It’s a 2007 case, … I think out of pour again.
SFV Room 200B: … The court said, This letter of intent is not binding overall, but it includes certain binding provisions.
SFV Room 200B: And so, there were some damages that were awarded, because the court said the letter in question had three binding provisions. One, seller promises to provide due diligence materials.
SFV Room 200B: So there… there was a promise. It was a binding promise.
SFV Room 200B: Two, seller promises to comply with non-solicitation provisions.
SFV Room 200B: And the seller failed, because the seller accepted somebody else’s offer, right? And three, purchaser promises to review the due diligence zero in good faith. Seller was in breach, the court said, of the non-solicitation provision. In other words, not the overall contract, but that part that says.
SFV Room 200B: non-solicitation provision, that was… there was a promise. And the promise was breached, and the court provided
SFV Room 200B: Remedy for that breach.
SFV Room 200B: Is that pretty clear?
SFV Room 200B: The entire contract was unenforceable.
SFV Room 200B: as a contract, but the promises were enforceable, because it was a promise nevertheless. So that puts the seller in breach of contract, even if it’s just one provision? Yeah, absolutely. Because it was an important provision. He just turned around and sold the property to somebody else. Is there a name for this type of contract? I’m just curious.
SFV Room 200B: No. No, okay. No. It’s just a buy and purchase and sell contract, which, because of the way the language was, all of it was not enforceable, but they did agree to do certain things, right? To get to that contract. And the court says, not so fast.
SFV Room 200B: You can’t do that and just basically… you made a promise, gotta follow with the promise, and if you don’t, I’m gonna find you in breach.
SFV Room 200B: Yes, so you know, during the quiz, there were offers, and then there were, home footstep? Is that the same for Promise, too, or Promise is all in the same person?
SFV Room 200B: if the court finds that there was, in fact, a promise.
SFV Room 200B: Now, the question is whether it’s enforceable or not. That would depend on many factors, including statute of frauds and all that stuff. Most important is statue of frauds, right? Unless you have
SFV Room 200B: Formation defenses, which we will talk about at the end of this semester.
SFV Room 200B: such a fraud’s next message. But, be that as it may, …
SFV Room 200B: the entire contract sometimes may not be enforceable, which is why this is in here, for us to see. But that doesn’t mean that if there are provisions that the parties agree to bind themselves to, that that is not enforceable. So he did… he said, screw due diligence, I’m just going to sell to somebody else, right? And the court said, — can’t do that.
SFV Room 200B: although there was going to be an agreement later, you had certain promises that you failed to comply with, I’m going to hold you to it.
SFV Room 200B: Right? Okay. Especially because you caused damages here, obviously.
S.Zahra Movassaghigilani: Professor, I have a question on Zoom.
SFV Room 200B: fixed it.
S.Zahra Movassaghigilani: So, why do we say this is a contract? Because, I’m still, like, struggling with… okay, so there is no contract, but they had some legal obligations, so this may not be a breach of contract, but kind of, like, they didn’t fulfill their.
SFV Room 200B: No, I didn’t say that… okay, let me, let me answer again.
SFV Room 200B: I didn’t say that there was no contract. I said the, …
SFV Room 200B: the letter of intent was binding, even though, overall, the entire agreement was not binding. Okay? And the reason some of the provisions that I just read
SFV Room 200B: was binding, including seller’s promise to provide due diligence material. Was there anything that said that the seller may agree to provide due diligence material? No. It says the seller must provide due diligence material. Due diligence, what does that mean?
SFV Room 200B: Huddy up, let’s go! Right? Not like when you want to, if you want to, when you wake up, no. Do it.
SFV Room 200B: The court says that was a breach. Number two, sellers promise to comply with non-solicitation provision was definitely a breach. The court said that was a breach of the non-solicitation provision.
SFV Room 200B: Because if you, if you’d see, they agreed not to solicit somebody else’s bid, right?
SFV Room 200B: In other words, not to sell to somebody else, but… But he breached it.
SFV Room 200B: he should have gone through the due diligence, and if they don’t agree, if they don’t come to an agreement, okay, fine, I’ll sell to somebody else. At that point, he would have been okay, right? Or she.
SFV Room 200B: I don’t know if the defendant was a man or a woman, but nevertheless, Logan was his name. Oh, no, sorry, D.W. Silvers.
SFV Room 200B: In fact, the defendant was a company. Okay, so am I clear? In other words, the entire contract, the court said, is unenforceable, but some provisions of the contract, absolutely enforceable, because they were a promise, and there was a breach of that promise. Specifically, most notably, was…
SFV Room 200B: The non-compete, or, non… non-solicitation provision. The court found that to be a breach, okay?
SFV Room 200B: Alright.
SFV Room 200B: Let’s do problem 3.
SFV Room 200B: Defendant caused circulars to be distributed to dealers throughout the country, announcing that an auction would be conducted without reserve of the famous Smith collection of antiques.
SFV Room 200B: plane flew from California to New York.
SFV Room 200B: the announced site of the auction. On arrival, the plaintiff discovered that the auction had been canceled because of a rescission in the antique market. Recession, sorry.
SFV Room 200B: Does plaintiff have a cause of action?
SFV Room 200B: Yes. I would maybe say no. Why?
SFV Room 200B: You are correct. Why? I mean, this might be wrong, but the way that I looked at it was kind of like, if he… I don’t know how he found out about the auction, but it was kind of like maybe an advertisement? That’s exactly what the court said. The court said the secretar was merely a statement of intention to do something in the future.
SFV Room 200B: It’s not an offer that you can sue for. This was a real case. The guy apparently had too much money. He decided to sue Benjamin versus First Citizen Bank and Trust. It’s a New York case, from 1936.
SFV Room 200B: And the court found for the defendant. You’re correct. Yes, sir? Wouldn’t it be, like, the same thing as maybe, like, a concert venue, like, announcing, like, all the shows not happening for so-and-so reason? Like, all those concert… Well, it’s a little different, I think. For the most part, they sell the tickets, right? Yeah. If they don’t sell the tickets.
SFV Room 200B: They can cancel anytime they want. But once they sell the tickets, they bind themselves to it, but they always have a provision that if something happens, some act of God, or the singer gets sick, or whatever, then we get to cancel.
SFV Room 200B: And you don’t get sued. You can’t say, refund, sure, but somebody might say, you know, I flew from Chubbaktu to come here to watch the show. I spent all this money.
SFV Room 200B: That’s why this guy was pissed off. I think he flew from California to New York, probably spent money, you know, whatever, and … he thought that he had a contract. I had that exact thing, like, I flew to Houston for a concert once, and it was, like, a two-day thing, and the second day got canceled.
SFV Room 200B: Because of events on the first, but they… since I bought it from the site, I got a refund. Yeah. Not on, like, the plane and hotel or whatever, but it was like, okay, whatever. Yeah, I’m sure they had, probably, arbitration provisions in there, they also had refund provisions. Yeah, absolutely. If something happens, we’ll just give your money back.
SFV Room 200B: Sure. Yeah. Okay. Leonard versus PepsiCo.
SFV Room 200B: no intent to contract. Anybody wants to brief this very important case, it’s yours. Sorry. No worries.
SFV Room 200B: I had you before, so thank you. Okay, this case, very familiar with it. So, Leonard is a kid who saw an ad by Pepsi. It was a commercial, where in the commercial it shows, oh, if you drink or, like, buy Pepsi products, and you collect these points, it’s 1,000 points for glasses, or 5,000 points for a jacket, and then they’re sitting outside a classroom, like, the school, and then a military-grade Harrier jet
SFV Room 200B: lands in front of the school, and it flashes, like, oh, 7 million Pepsi points.
SFV Room 200B: So, Leonard Kidd, with the help of some…
SFV Room 200B: lovely benefactors, and somehow he raises all these funds, and he realized he could buy Pepsi points after you earn, like, a specific amount with, like, actual purchases, so he…
SFV Room 200B: paid, I think, around $700,000 or so to buy the remaining Pepsi points he needed to reach the 7 million point mark, and then when he reached out and said, oh, I want the jet.
SFV Room 200B: Naturally, Pepsi said, not happening, it’s just, like, a commercial, you can’t do it, so he sued them, for, I guess, breach of contract, because he viewed it as a promise, like, oh, if I have 7 million points, I will be able to get a military bridget.
SFV Room 200B: And obviously, the court ruled against Leonard in this case.
SFV Room 200B: of…
SFV Room 200B: saying, well, one, like, no reasonable person would think that this amount of money or whatever, like, you could just get a military-grade jet, like, they would have to demilitarize it for all this, that, like…
SFV Room 200B: picks off vertically, like, you can’t have that… can’t have the guns on it, and … numerically, I guess it didn’t make sense, because the jet cost, like, a few million dollars at the time, or whatever it is, and is valued at…
SFV Room 200B: He had… was less than a million dollars even, and eventually he just lost.
SFV Room 200B: Very good, very good. So, bottom line was, the opinion of the court was this was a mere advertisement for the sale of goods, it was not an offer.
SFV Room 200B: And the court distinguished it from Lefkowitz’s case, where, I think on page… 30…
SFV Room 200B: Middle of the page.
SFV Room 200B: The court says, in Leftwoods, the defendant had published a newspaper announcement stating, Saturday, 9 a.m. sharp.
SFV Room 200B: 3 brand new fur coats, just like the question that I made up, the 3 laptops.
SFV Room 200B: 3 brand new fair quotes worth, to $100. First come, first serve. $1 each.
SFV Room 200B: The court said that was, in fact, an advertisement, right?
SFV Room 200B: Ms. Morris Lefkowitz arrived at the store, dollar in hand, but was informed that under the defendant’s house rules, the offer was open to ladies, but not gentlemen.
SFV Room 200B: I’m sorry, Mr. Morris. The court ruled that because plaintiff had fulfilled all of the terms of the advertisement, and the advertisement was specific and left nothing open for negotiation, a contract had been formed.
SFV Room 200B: So the court distinguishes that case from this case by saying, well, everything you said, and the court says that in the present case.
SFV Room 200B: It’s distinguishable from that case because, first, the commercial cannot be regarded in itself as a sufficiently definite.
SFV Room 200B: Because it specifically reserves the details of the offer to a separate writing, the catalog. The commercial itself made no mention of the steps a potential offeree would be required to take to accept the alleged offer of a Harriet jet.
SFV Room 200B: the, the advertisement in, Lefkowitz was basically the opposite.
SFV Room 200B: Second, even if the catalog had included a Harriet Jet among the items that could be obtained by redemption of Pepsi points, the advertisement of a Harriet jet, by both television commercial and catalog would still not constitute an offer.
SFV Room 200B: And I’m on top of page 31.
SFV Room 200B: As the, …
SFV Room 200B: Mesaro’s court explained the absence of any word of limitation, such as first come, first-served, renders the alleged offer sufficiently indefinite that no contract would be formed. That goes to the language.
SFV Room 200B: that hopefully you will use when I pose the question that, you know, they advertise
SFV Room 200B: you know, all of our Mustangs in the lot, you know, for sale for…
SFV Room 200B: You know, $25,000 and up, whatever. That is clearly not an offer.
SFV Room 200B: It’s an invitation for and all, right? At best.
SFV Room 200B: And then the court says, …
SFV Room 200B: The court finds, in sum, that the Harriet Jet commercial was merely an advertisement.
SFV Room 200B: And then, of course, it goes on and on and on, how an objective person could not make that conclusion. In summary, the court says, on page.
SFV Room 200B: 32 under conclusion. In sum, there are three reasons why plaintiff demand cannot prevail as a matter of law.
SFV Room 200B: As a matter of law, what does that mean as a matter of law? Who knows what that means?
SFV Room 200B: As a matter of law, what does that mean?
Cameron Smith: This is Cameron. I would… I would say that it’s, …
Cameron Smith: there’s nothing backing it up legally, there’s no actual case. It would be against the law to… Proceed.
SFV Room 200B: Very close. So let me, let me clear one thing every time you read, as a matter of law. As a matter of law, as a matter of fact, these are two different things. As a matter of law means under the legal interpretation of contracts.
SFV Room 200B: This is not a contract. In other words, a judge gets to decide, meaning it doesn’t go to a jury. The judge issues a summary judgment, like I told you about the, the jet ski thingy, right? That was… they were hoping that the judge would rule
SFV Room 200B: Why did they think that the best course of action would be to take that summary judgment to the judge and let the judge decide, rather than a jury?
SFV Room 200B: On the jet ski case. Yes. Because the jury would probably feel bad? Yeah! Because if you go in front of the jury and you show a… you know, somebody in a wheelchair for the rest of his life, wheeling himself, you know, here and there, the jury’s gonna feel bad. They’re like, screw it, just pay.
SFV Room 200B: You know? So it’s, as a matter of law, you want the judge to decide, as a matter of law.
SFV Room 200B: Jet skiing is an inherently dangerous sport. You don’t get to a jury. Bye! It’s like going to the boxing ring. If you get killed.
SFV Room 200B: Too bad!
SFV Room 200B: So sad. Jury is never going to get that file, that case, right? Unless the referee rang the bell, it’s no longer spa time, and then you get sucker-punched. You probably can sue.
SFV Room 200B: I think successfully.
SFV Room 200B: Right?
SFV Room 200B: Which I think happened with an NFL case.
SFV Room 200B: Okay, so, the court says.
SFV Room 200B: Second, the tongue-in-cheek attitude of the commercial would not cause a reasonable person to conclude that a soft train company would be giving away fighter planes as part of a promotion.
SFV Room 200B: Third, there is no writing between the parties sufficient to satisfy statute of frauds. Oh my god.
SFV Room 200B: I would disagree. I think the catalog itself is a writing.
SFV Room 200B: And you will find out next semester how you can satisfy the statute of fraud. You said catalog itself, but in the… it was only in the commercial, like, the carrier jet wasn’t included in a physical catalog. Oh, it wasn’t in the catalog. No, it was only in the commercial. Okay, okay. But the commercial, I think, at the bottom said.
SFV Room 200B: 7… 7 million, whatever, right. That’s a writing.
SFV Room 200B: Yeah, absolutely. I would argue that that is a writing. Now, do you have to have all the terms in writing? No. You can have a contract that is partially in writing, partially oral.
SFV Room 200B: Whether or not it’s enforceable, that’s another story, but, okay? So in this case, I think the court was correct in his conclusion. But I would at least say, Your Honor, this is a partially written contract. Look at the words on the screen right there, and you can see… in fact, I had the commercial. I don’t have it right now, but I literally had the commercial
SFV Room 200B: On YouTube. It’s on YouTube, by the way, you can watch it.
SFV Room 200B: I had it in my notes so that I could click and show you, but…
SFV Room 200B: Unfortunately, I can’t see it right now. Yes? So, two things. First thing, the NFL case, I just briefed it, like, today. It’s, Hackber vs. Cincinnati Bengals. What’d it say? It’s about, like, after the whistle or something, he, like, basically, injured the other player. It wasn’t accidental, and they were saying that,
SFV Room 200B: It was basically, like, against…
SFV Room 200B: what would be seen as, like, regular play, I guess you could say. And then… So the defender was found to be at fault, or libel? I believe so, yeah. Yeah. I mean, that’s the general rule, right? The general rule is that even if there’s an inherently dangerous sport, it doesn’t mean that if you’re on the football field.
SFV Room 200B: After the game, you get to be attacked.
SFV Room 200B: Right? Does it mean that? Or before the game? It only means that during the game, yeah, I mean…
SFV Room 200B: Even, even if it’s a, you know, even if it’s a helmet-to-helmet situation, and you know it’s against NFL rules, but it causes injury, most likely you won’t be able to recover. And then for the, Leonard vs. PepsiCo, it kind of reminds me of, like, that Red Bull commercial, Red Bull gives you wings, where it’s, like, kind of poppery. I’ve never watched it. Red Bull does a lot of things. That’s why they changed their advertising.
SFV Room 200B: Just links.
SFV Room 200B: Like, trying to…
SFV Room 200B: to advertise it as an energy drink. Give me a freaking break. What is it actually? As soon as… I’m sorry? What is it actually if it’s not… The Zoom is on, so I… But I have yet to see… we were going to sue Ripple a year and a half, two years ago, I think we decided not to.
SFV Room 200B: But, it’s still pending in our office. We just don’t believe that their advertisement is anything
SFV Room 200B: Remotely truthful, but…
SFV Room 200B: I forgot when it was, but it was, like, years ago, that’s why they changed their slogan to Wings with, like, three eyes.
SFV Room 200B: I don’t know anything about it, so I’m so sorry. Same thing as this case. Yeah, someone thought they could get wings. Like, spelled, like, the word wings, and they jumped off… What kind of a wing? Like, you can jump off… Somebody got hurt? Somebody died? I don’t know if… I can’t remember if they did, but that’s why they changed their slogan to wings. They put, like, five eyes in there, so it’s not a real word. I did hear something about
SFV Room 200B: about that years ago. Well, we, we, we, we, we had a client that,
SFV Room 200B: That had massive coronary artery issues.
SFV Room 200B: And, well, we didn’t sign him up.
SFV Room 200B: But the office actually took that on this submission to investigate further. It’s still a year or two out, but unless we can do a class action, we’re not interested. But, I mean, not me, the other lawyers in the office. I don’t even know how to spell class action.
SFV Room 200B: Yes, I was just gonna say, but in that case, they did settle.
SFV Room 200B: They did settle? Yeah. Because that person argued that basically, like, the winning factor was enhancing your performance.
SFV Room 200B: There should be an enhanced brain to be embedded in his mind, in his skull. Okay, let’s move on.
Adreanne Kumamoto: That’s true.
SFV Room 200B: Yes. I dropped the.
Adreanne Kumamoto: Marshall… I put the commercial in the chat if you want to show it.
SFV Room 200B: Okay, that’s okay, I’m not connected to Zoom.
SFV Room 200B: They’re schoolies, but I’m not.
SFV Room 200B: So, thank you, though, I appreciate it. You guys can, you know, log in and watch it later if you want.
SFV Room 200B: But it’s a very short commercial, it’s really cool, it’s a very cool commercial. It really is.
SFV Room 200B: Well, thank you for that, I appreciate it. Okay, Fairmont Glassworks on page 32. I was going to explain motion for summary judgment, but I already have, so I’m just going to skip that, because this is a summary judgment matter, but defendant’s argument that the work, quote,
SFV Room 200B: Basically, presents a conclusion that this is not an offer.
SFV Room 200B: That’s, I think, is the main issue. Anybody wants to brief Fairmont Glass Works on 32. Before I call a name.
SFV Room 200B: Sir? Yeah. Cleman Martin, the original plaintiff wanted to buy mason jars from Fairmount. They sent a letter asking for a quote by telegram. Fairmount replied with an offer for immediate acceptance, including details about the price for each item and shipment information.
SFV Room 200B: Crendon Martin replied and accepted the quoted order. Crendon insists that the contract was closed for the purchase of 10 loads of jars, but Fairmount insists that the contract was not closed by the Telegram, and it had a right to the client to fill the order.
SFV Room 200B: The court ruled for Condon Martin, so the issue is, whether Fairmount is allowed to revoke their offer for the sale of the jurors.
SFV Room 200B: The court says no. It says a quotation of prices is not an offer to sell. A completed contract will arise out of the giving of an order for merchandise in accordance with the proposed terms.
SFV Room 200B: It also says transaction is not completed until the order is so made accepted. In this case, there’s more than just a quotation of prices. Fairmount could not fail to understand that Condon wanted to know what the price
SFV Room 200B: I would sell the jars.
SFV Room 200B: When Fairmount sent the letter with pricing, it must be deemed as intending to give Crundon the information it asked for. Multiple letters were exchanged. Fairmount also put the refusal on other grounds.
SFV Room 200B: Which weren’t sustained by evidence. It insisted that the contract was indefinite because the quantity of each size was not 6, and 10 carloads was too indefinite, but the court says 10 carloads is, just trade talk. It’s equivalent to 1,000 gross.
SFV Room 200B: So the judgment was eventually affirmed, also in favor of Condon.
SFV Room 200B: Excellent, excellent, thank you. Yeah, that was exactly it.
SFV Room 200B: Fairmont, … I, I read 10 car notes, in plaintiff inquiry that could be changed to 1,000 gross.
SFV Room 200B: To eliminate the indefiniteness problem.
SFV Room 200B: which was discussed, as you correctly pointed out. Defendant argues that the work code prevents its communication from being an offer. The court rejects this argument for a number of reasons. Number one.
SFV Room 200B: the defendant communication, comes in response to the plaintiff’s inquiry. And I think we… I mentioned this, I may not have mentioned this second session.
SFV Room 200B: That when you are responding to inquiry, it’s more likely that your communication would, in fact, be offered.
SFV Room 200B: Okay? Just keep that in the back of your mind, and hopefully in your notes. When you’re responding to an inquiry, it’s more likely than not that your communication is considered an offer.
SFV Room 200B: Okay?
SFV Room 200B: Number two, the words for immediate acceptance constitutes language of commitment, the court indicated. Immediate acceptance.
SFV Room 200B: And number three, there are detailed terms, including quantity.
SFV Room 200B: The quantity of 10 carloads, 1,000 gross, was incorporated by implication into the defendant’s communication as a result of plaintiff’s inquiry.
SFV Room 200B: In other words, the plaintiff
SFV Room 200B: As a reasonable person would conclude that the defendant’s communication, related to 10 carloads.
SFV Room 200B: Under this analysis, the case is clearly distinguished from
SFV Room 200B: the problems that we are hopefully going to do tonight, problem 7 and Problem 8, if you’ve done them before. If you haven’t done them, hopefully we’ll get to them. But thank you very much, that was very good. Thank you. Any questions?
SFV Room 200B: Okay.
SFV Room 200B: Let’s see… … Problems. Let’s do problems 7 and 8.
SFV Room 200B: Will you? Please?
SFV Room 200B: I was going to problem 2 as well, but, we may do them later. I mean, four, I’m sorry. Problem four. Actually, you know what? Let’s do Problem 2. I think it’s important, sorry.
SFV Room 200B: Problem 2 is on page 36, okay? Page 36. Problem 2.
SFV Room 200B: The Chicago Tribune, a daily newspaper, publishes a booklet called General Advertising Rates.
SFV Room 200B: which lists its charges for advertisement, and another booklet called the Chicago Tribune Advertising Acceptibility Guide.
SFV Room 200B: Which indicates that the Tribune will refuse advertising which is dishonest, indecent, or illegal.
SFV Room 200B: The plaintiff, a labor union.
SFV Room 200B: Tendered to the Tribune an advertising urging readers not to patronize a certain department store because of its policy of
SFV Room 200B: Featuring important clothing made by low-wage foreign labor.
SFV Room 200B: The tendered advertisement was, concedingly not dishonest.
SFV Room 200B: indecent or illegal. The union also tendered sufficient funds to pay for the advertisement in accordance with the general advertising rates.
SFV Room 200B: The Tribune refused to print the advertisement.
SFV Room 200B: Does the plaintiff has a cause of action for breach of contract?
SFV Room 200B: So… … What’s the question here?
SFV Room 200B: Somebody tell me the issue first, not the answer. But what is the issue? Yes.
Cameron Smith: I would say the issue is, is this a contract? Like, is it… are there advertising rates a contract that you’re….
SFV Room 200B: Contract, or you’re talking about, is this an offer?
Cameron Smith: Oh, correct, sorry, is it an offer?
SFV Room 200B: It’s the advertising rates and offer.
SFV Room 200B: That’s the issue. Is it?
Cameron Smith: No.
S.Zahra Movassaghigilani: No, it’s not, I would say, because it’s just, like, providing information, and also, like, it gives exceptions to when they will not accept, like, an advertisement, so even if that…
S.Zahra Movassaghigilani: I would say it’s not.
SFV Room 200B: Okay, question to you, I think it’s Ms. Zara.
SFV Room 200B: …
SFV Room 200B: If the advertisement said certain advertisements will be rejected, does that mean that they have to accept all other advertisement?
S.Zahra Movassaghigilani: No, it does not mean.
SFV Room 200B: Okay. Why?
S.Zahra Movassaghigilani: Because to me, this is kind of like, like, information, like, these are the advertisement rates, but it doesn’t say that…
S.Zahra Movassaghigilani: Edison says that the only… the…
S.Zahra Movassaghigilani: Okay, it says, like, it can’t be, like, the advertisements that we don’t accept, but it doesn’t… it’s…
S.Zahra Movassaghigilani: I don’t know how to say it.
SFV Room 200B: You’re on the money.
S.Zahra Movassaghigilani: It’s sufficient, but it’s necessary, but it’s not sufficient, let’s say it this way. So, yeah, that’s how I would say it.
SFV Room 200B: Okay. In a 1969 case called Chicago Joint BD versus Chicago Tribune, the court agreed with you, and the court said the language is not a language of commitment. The fact that the Tribune will refuse certain type of advertisement does not mean that it has to accept all others.
SFV Room 200B: Also, there is no statement of quantity, the court said.
SFV Room 200B: So it’s not clear how many advertisements
SFV Room 200B: They can’t… so what if… what if the union wants 50,000 advertisements to be published this Sunday? Does that mean they have to take it?
SFV Room 200B: No. So the court says that’s also an issue. Quantity is an issue as well. So the court said, there was no offer. The court said there was no offer at all.
SFV Room 200B: Okay?
SFV Room 200B: Okay, in other words, no offer by the Chicago Tribune. So if there was no offer by Chicago Tribune, there was no acceptance, because you have to have knowledge of the offer before you can accept, remember?
SFV Room 200B: If there’s no offer, there can never be an acceptance. Therefore, it fails. Let’s go to problem 7.
SFV Room 200B: So, just like the Fairmont case.
SFV Room 200B: Problems 7 and 8 relate to price codes for personal property. So let’s see…
SFV Room 200B: these two questions. The reason I bring them up is because I’ve seen them tested. I just want to make sure that we are on the same page, all of us. Defendant wrote to plaintiff.
SFV Room 200B: In consequence of a rupture in the salt trade, we’re authorized to offer Michigan fine salt. Guys, please, no speaking in the class.
SFV Room 200B: It interrupts class. Thank you.
SFV Room 200B: Defendant wrote to plaintiff, in consequence of a rupture in the salt trade, we’re authorized to offer Michigan fine salt in full carnal lots of 80 to 95
SFV Room 200B: BBLS. PBS.
SFV Room 200B: I don’t know what that means. Bubbles? Delivered at your city at 85 per BBL. At this price, it is a bargain, as the price in general remains… in general remains unchanged.
SFV Room 200B: Shall be released to receive your order.
SFV Room 200B: Pleased to receive your order, sorry. Shall be pleased to receive your order. Plaintiff answered.
SFV Room 200B: You may ship me 2,000 barrels Michigan fine salt.
SFV Room 200B: as offered in your letter. I guess that’s…
SFV Room 200B: Barrels. B-B-L-S is, I guess, barrels.
SFV Room 200B: Was there a contract?
SFV Room 200B: Defendant wrote to the plaintiff, so a plaintiff is suing the defendant who actually had written, in consequence of a rupture in the salt trade, we are authorized to offer Michigan funds salt in full carload lots of $82.95, delivered at your city at $85 per… so the price is there.
SFV Room 200B: And, …
SFV Room 200B: the amount is there. At the price… at this price, it is a bargain, as the price of general… price in general remains unchanged. Shall be pleased to receive your order.
SFV Room 200B: Does that sound like an offer? Plaintiff answered, you may ship me 2,000 barrels of Michigan foreign salt as offered in your letter.
SFV Room 200B: Was it a contract?
S.Zahra Movassaghigilani: No, there is not a contract.
SFV Room 200B: Please tell me why.
S.Zahra Movassaghigilani: There’s two reasons, because first, the plaintiff answer is, like, may, you may ship me, that’s one reason, and the other reason is that they say that for carload, lots of 80 to 95 barrels of oil, but it doesn’t…
S.Zahra Movassaghigilani: When they say we want 2,000 barrels, they don’t specify, do they want 80, do they want 90, do they want 95?
S.Zahra Movassaghigilani: So the quantity is, is fixed. They say 2,000, but they don’t say, like, what’s the volume of the carload they want.
SFV Room 200B: Very, very good. In fact, just to save time, in fact, the court in 1884, the court in 1884 agreed with you that quantity was not clear. Failure to specify quantity, the court said, prevents the defendant’s communication from being an offer.
SFV Room 200B: And so if there’s no offer, there is no acceptance.
SFV Room 200B: Remember? This is called, … the case is called Moulton v. Kershaw.
SFV Room 200B: It took me 900… no, I’m kidding. To find this thing. Never mind.
SFV Room 200B: Okay, thank you, good job. Yes, under, like, obviously this is pre-UCC, so you think under UCC, they would have, even though at that time they said the quantity was unclear, even though there was a quantity stated, you think under UCC, they would, like, look at it differently now, with the whole gap filler provisions?
SFV Room 200B: Sorry, one more time?
SFV Room 200B: So basically, since this is pre-UCC, and now we have the UCC entities for, like, a sale of goods, you think the UCC would look at it differently? Because there was a… No, UCC still requires quantity. Like, fixed quantity. 100%. 100%. Fixed quantity.
SFV Room 200B: Absolutely. 100%.
Adreanne Kumamoto: But what… in that letter, didn’t they say, we’re authorized to offer?
SFV Room 200B: I’m sorry, one more time?
Adreanne Kumamoto: In the letter from the company, it said, we’re authorized to offer, so maybe I’m… I’m with the gentleman.
SFV Room 200B: The quantity, the language is, by itself, is not enough. The quantity has to be clear.
SFV Room 200B: And the quantity is not clear, that’s what the court concluded.
SFV Room 200B: Right? The authorized to offer, or work of promise, the court said, but they failed to specify a quantity which prevents defendant’s communication from becoming involved.
Adreanne Kumamoto: Yes. Quaintive….
SFV Room 200B: so…
SFV Room 200B: In other words, you can’t accept a non-offer. So the offer had to have quantity certain. Just because I’m offering you doesn’t mean anything. Right, it means nothing, because you haven’t really… you haven’t accepted. That’s an offer. Had the defendant said, I accept, I’m going to send that to you.
SFV Room 200B: Now, the defendant would be the party that is accepting, and the plaintiff would be the party that made the offer, okay? Because quantity is extremely important. Again, language by itself is important, it’s a word of promise, as you mentioned correctly on Zoom, but it’s not enough.
SFV Room 200B: Remember I said present intent?
SFV Room 200B: plus quantity under the UCC. And of course, in 1884, we didn’t have quantity for the UCC, but we still had quantity. If you don’t have quantity, it’s not clear how much are we talking about, right? In the offer, we don’t care about the response. What did the offer offer?
SFV Room 200B: How much? That’s not there. Yes. So for quantity, it needs to be a set… it can’t be a range of numbers. No, it can’t be a range, no. Has to be a set number. Yeah. Yeah.
SFV Room 200B: So, quantity has to be clear.
SFV Room 200B: Okay.
SFV Room 200B: Again, because if it’s not clear.
SFV Room 200B: Think about it. Why does it have to be clear?
SFV Room 200B: Let’s say I go 10 laptops to 5 million laptops. It’s a range. You can’t say it’s not a range, right?
SFV Room 200B: How’s the court going to enforce this? Is it 10? Is it 5 million? Is it 1 million? Does the court go 2.5 million that’s got it a day?
SFV Room 200B: Court cannot do that. It becomes an unenforceable promise.
SFV Room 200B: It’s a promise, nevertheless, like the lady on Zoom correctly mentioned. It’s a promise, yeah. Offer is a word of promise, but promise to what?
SFV Room 200B: Are you selling one of your kids, or all of them?
SFV Room 200B: I got an oak!
SFV Room 200B: You laugh, but I had a case like that.
SFV Room 200B: Selling children. Not kidding, yes. Selling your kids? Yes. He offered to sell his kids, yes. U.S. dollar amount. It was biological children. Is that not illegal? Of course it is. 100%. So how is that even? How is that even…
SFV Room 200B: communicated to you as an… It was a… it was part of a child trafficking case that we did years ago, but it was… it’s just the most disgusting thing I’ve ever seen in my life. Like, how much of a scum are you?
SFV Room 200B: Anyway…
SFV Room 200B: I have a design punishment in my head for those people. I just can’t say… Please don’t tell me who reached out to you to be defended? He was one of the defendants, not my client.
SFV Room 200B: Yeah, out of San Francisco.
SFV Room 200B: Problem 8.
SFV Room 200B: I will do this, and then I’ll let you go. Defendant farmer who raises millet seed wrote a following letter to a number of seed dealers, including Plaintiff.
SFV Room 200B: I have 1800 BU.
SFV Room 200B: Good luck with that.
SFV Room 200B: of millet seed, of, which I am mailing you a sample.
SFV Room 200B: This millet is re-cleaned and was grown on sod and is good seed.
SFV Room 200B: I want 225 per 100 weight for this seed FOB.
SFV Room 200B: Lower.
SFV Room 200B: I think it’s, like, payment on delivery.
SFV Room 200B: Plaintiff answered, I accept your offer. Is there a contract? No.
SFV Room 200B: Why not? Samples are like gifts, you can accept them and keep them. Well, what about the rest of the language? I’d say yes. Okay. I’d say yes, because… You’re doing that only because you want problems over there. I’d say yes, because, …
SFV Room 200B: Even if, let’s say, for example, a sample… if it was just a sample, he’s still agreeing to an amount, he’s still agreeing to
SFV Room 200B: An offer and providing a dollar amount, and, saying that he’s accepting the offer on
SFV Room 200B: The hunter waits for that seed.
SFV Room 200B: So, I’d say that it’s, …
SFV Room 200B: the, a contract. Okay. You’d be shocked with the answer that the court gave, sir. Well, I was gonna agree with him because,
SFV Room 200B: They’re putting the sample aside, like, even if it wasn’t included in the thing, there’s a certain, like, the indefinite terms are there, like, you see a price, I don’t know what 100 weight means, but…
SFV Room 200B: Maybe this was, like, older or something, so there’s, like, a price, there’s the type of product, and type, the type of product is there, the price is there, how much you’re getting for it is there, so I’ll say this…
SFV Room 200B: a contract, and again, I simply responded, yes, I would like this for this… that many at that price, which was… $1,800.
SFV Room 200B: Mute.
SFV Room 200B: Anybody else?
S.Zahra Movassaghigilani: I would say it’s… oops.
SFV Room 200B: One moment, please. Is what you’re gonna go off of from the court’s, saying, is it gonna be based off of how many people got the offer?
SFV Room 200B: You’re so warm with that answer. Almost pot!
SFV Room 200B: on Zoom.
S.Zahra Movassaghigilani: I would say there’s not, because, like, he’s saying, like, I will sell you, …
S.Zahra Movassaghigilani: this much for this weight, but … the person who says, I accept, doesn’t say how much I want. He says, I accept. Do you want, like, 10 kilograms? Do you want… you know, so that’s my understanding, that there’s no amount that he’s specifying I want.
SFV Room 200B: Okay, because the question is not whether there is an offer, the question is whether there is a contra….
S.Zahra Movassaghigilani: There’s not a contract.
SFV Room 200B: And so, between all of your answers, most of you got it correct. The court said.
SFV Room 200B: It could be argued that there is an offer… I’m literally reading from my notes.
SFV Room 200B: And because I took so much time to write these damn things, you better write them down. No, I’m kidding. It could be argued that there is an offer because the communication appears to be one individual and states quantity and quality.
SFV Room 200B: And the word want appears to be the equivalent of a quote. However, the court says the language is such as might be used in a circular letter, and the court basically thought that this was just an advertisement.
SFV Room 200B: That is… that you basically sent to… to solicit.
SFV Room 200B: offers, and the court thought that it was… there was no contract. Also because, as you correctly pointed out, the opposing party was not clear about how much.
SFV Room 200B: What quantity? As the court said, no contract. This is a 194… wait a second, hold up. I want to make sure I’m correct. No, it’s a 1915 case.
SFV Room 200B: Wow. That’s why you see all these nonsense in there that makes no sense to us.
SFV Room 200B: Well, the quantity has to be clear for it to be a contract, right? The court did not find that there was a quantity mentioned, meaning of the minds. In other words, the two parties did not get to a quantity. And if they didn’t, the court did not find about it.
SFV Room 200B: Also because the language, the court thought, was like a mere advertising.
SFV Room 200B: And so, not enough.
SFV Room 200B: Okay.
SFV Room 200B: All right, everybody, unless there’s any questions, you are free to…
SFV Room 200B: No class, no class. Yeah, yeah, you’re still eating, so you’re just gonna stay home and sleep.
Cameron Smith: Thank you.
SFV Room 200B: I will be asleep.
Karia Salazar: Thank you.
SFV Room 200B: It’ll be hard enough, that’s what you….
Anabella Sulahian: Professor….
SFV Room 200B: How does that work? How does that work? We have to join another class? Like, on a separate day, I guess.

Main

Outlines

Class Notes

Class Transcripts

Session 04

Contracts - Session 04

Transcript

Main

Outlines

Class Notes

Class Transcripts

​Contracts - Session 04

​Transcript

Contracts - Session 04

Transcript