Skip to main contentContracts - Session 12
Transcript
SFV Room 200B: But I’m being 19?
SFV Room 200B: So, we do have a makeup class this weekend, am I correct? Yes. What time is it? 10 a.m. sharp.
SFV Room 200B: A+. Not 10.01. It’s not 10, it’s 10 a.m. sharp.
SFV Room 200B: That’s what it is. All my clients know that to be true.
SFV Room 200B: I tell them to come 5 minutes early. If they don’t, I just cancel their appointment. Are you serious? I don’t care how much they pay me. Bit serious.
SFV Room 200B: They know it. Everybody’s 5-10 minutes earlier, because they know if we show up late, I just come outside and say, see you next time, bye.
SFV Room 200B: Cancel the appointment.
SFV Room 200B: And many times I discharge them so that they learn not to do that again.
SFV Room 200B: Cut apart.
SFV Room 200B: 10 o’clock Saturday, please be here on time. If you want to join us here, I’m going to be here in person.
SFV Room 200B: If you want me on Zoom, probably cool. These same classroom? Yes, sir. Right here.
SFV Room 200B: This Saturday, for all of you. If a classmate is not present, I know a couple of people are not going to be present tonight.
SFV Room 200B: Please remind them if you’re friends with them. If you don’t like them, then just say it was canceled.
SFV Room 200B: Let them know. It’s this Saturday and the following Saturday.
SFV Room 200B: Cool.
SFV Room 200B: Alright.
SFV Room 200B: Gonna do the capacity of the parties soon… I mean, soon thereafter, we’re gonna… Going to parole evidence.
SFV Room 200B: And, let me finish that.
SFV Room 200B: We’re gonna do defenses to formation, and then we’re done.
SFV Room 200B: Almost done.
SFV Room 200B: And on the 17th, we have Class 2.
SFV Room 200B: Yes, I believe so.
SFV Room 200B: I believe so. Let me double check.
SFV Room 200B: I believe it feeds through… I’ll double check today.
SFV Room 200B: Yes, we do have… I think that’s…
SFV Room 200B: That may be our final week, but I… don’t quote me on that yet. I need to get to the school.
SFV Room 200B: I’m horrible with calendar. Their calendar, not mine.
SFV Room 200B: My calendar is… My calendar is 5,000 different colors. Yeah. Oh, shit. Everything is color-coordinated, so… No, it’s wrong.
Armen Bashian: 17 should be our last professor, I believe.
SFV Room 200B: Administrative hearings are black, and it just goes on and on and on and on. It never ends.
SFV Room 200B: But it looks like on the 17th, we do have class, yes.
Paul Gonzalez: Professor, you may…
Paul Gonzalez: Apologies, you may have covered this already, but is the, Saturday classes going to be the same Zoom link that we do on the Distant Learning for DTO, or will it be a different…
SFV Room 200B: Yes, sir.
Paul Gonzalez: Okay, thank you.
SFV Room 200B: I’ll cover that, but nothing changes. It’s just exactly the same way you log in, you log in with…
SFV Room 200B: the same link which I have already.
SFV Room 200B: And I believe, the school, specifically, I think Mauricio is going to send
SFV Room 200B: A reminder to everybody, soon.
SFV Room 200B: Regarding both.
SFV Room 200B: makeup classes.
SFV Room 200B: Remember, they’re mandatory. It’s not a voluntary thing. You will be marked absent if you’re not here on time.
SFV Room 200B: So… Okay.
SFV Room 200B: Let’s quickly call everybody. It’s here.
SFV Room 200B: Ruben, I think, is on Zoom. I just saw him.
Rouben Aghajanyan: Here, Professor.
SFV Room 200B: Yes, sir, I see you. Roberto Campos is here.
SFV Room 200B: Marco Verlamovsky… Brianna… Here. I saw you, Joseph AJGN, your professor.
SFV Room 200B: Robert Nazarian.
Robert Nazarian: Thank you, Professor.
SFV Room 200B: Oh, her Patricia, I think her…
Gohar Petrosyan: Here, Professor, here.
SFV Room 200B: Got it. Danny Ramirez? Here.
SFV Room 200B: Armin Zakarian? Dear Professor.
SFV Room 200B: Joshua Zone? You’re a professor.
SFV Room 200B: Lucine Abrahamian?
Lusine Abrahamian: I’m here, Professor.
SFV Room 200B: Surin Abrahamian?
Suren Abrahamyan: I’m here, Professor.
SFV Room 200B: Daniel Armand?
danielarmin: Here?
SFV Room 200B: Edwin, Gillian.
Edwin Aghilian: Here, Professor.
SFV Room 200B: Armin Bashian, Good evening, yes, here.
SFV Room 200B: Franz Biambi?
frantzbiamby: Here, Professor.
SFV Room 200B: Victoria Prionis.
SFV Room 200B: Jano Solidon Hernandez? Here.
SFV Room 200B: That is the coolest first name ever, man, I gotta tell you. Young Carl. Young Carl, I mean, come on. That’s cool.
SFV Room 200B: Eugene, Duftian?
SFV Room 200B: Hello.
SFV Room 200B: One Esparza.
Juan Esparza: Here, Professor.
SFV Room 200B: Josue Flores.
Josue Flores: Here, Professor.
SFV Room 200B: Honor Galazian?
SFV Room 200B: Ana Golazian?
SFV Room 200B: Sona Ghazarian.
Sona Ghazaryans iPhone: Here, Professor.
SFV Room 200B: Kevin Kolabati.
SFV Room 200B: Devin Golivati.
SFV Room 200B: Please make sure your entire face is on camera. Cesar Gonzalez.
Cesar Gonzalez: Here, Professor.
Cesar Gonzalez: On Zoom.
SFV Room 200B: Ms. Oyaga, your face is not on camera.
SFV Room 200B: Cesar Gonzalez on Zoom.
SFV Room 200B: Paul Gonzalez?
Paul Gonzalez: Good, Professor.
SFV Room 200B: Anna Kopian? Here, Professor.
SFV Room 200B: Romi, hello, hello?
Rami Helo: Here, Professor.
SFV Room 200B: Karen Hernandez-Vazquez.
Karen Hernandez: Here, Professor.
SFV Room 200B: Ruben Hunamu? You’re a professor.
SFV Room 200B: Rita, Sarajan?
SFV Room 200B: Richard Lili Karayan.
SFV Room 200B: Leona Caribbean?
LIANNA KARIBYAN: Here.
SFV Room 200B: Greefor Kosabian? Hello. Oh, I think he’s here. Karo Kushkarian?
Karo Koshkaryan: I’m here, Professor.
SFV Room 200B: Yes, sir.
SFV Room 200B: Medlina Kushkarian?
maddykoshkaryan: I’m here, Professor.
SFV Room 200B: Adrian, fumamamoto?
Adreanne Kumamoto: Here, Professor.
SFV Room 200B: Hello! Cynthia Logger?
Cynthia Llauger: Here, Professor.
SFV Room 200B: Jason, Makarian?
Jason Makaryan: I’m here, Professor.
SFV Room 200B: Sabrina Malekan?
Sabrina Malekan: Here.
SFV Room 200B: Hello, Ms. Lumion Arthur Maslubian?
SFV Room 200B: Jana Masmanian?
SFV Room 200B: Armin, Nirzoyan? Here.
SFV Room 200B: au… Bobasiri Ilani.
SFV Room 200B: I think she’s gonna show up late. She’s gonna be late?
SFV Room 200B: Usually she comes a little late in person. Oh, really? Usually she comes in. You should have said that, man. Oh my god. She’s got a target on her back. That’s hilarious. You bring your gun tonight.
SFV Room 200B: That’s awesome. -Oh, that is bad. Let’s put that in the black list. Yeah, I bet she comes on time. Laura Muradian?
Laura Muradyan: Here.
SFV Room 200B: You know, she’s actually on time yesterday.
SFV Room 200B: Sebastian Nazar? Here.
SFV Room 200B: Leonie Nazarian? Here.
SFV Room 200B: Ilona Nazarian?
Elona Nazaryan: Fair.
SFV Room 200B: Armanda or Dan?
Amanda Oden: Yeah.
SFV Room 200B: Masi Oyaka?
Masie Oyaga: Here.
SFV Room 200B: I saw you. Alexander, pepresky?
Alex Poberezhskiy: Here.
SFV Room 200B: Okay, sweet.
SFV Room 200B: Thank you. Jasmine Porzingani?
Jasmine Pourzanjani: You’re a professor.
SFV Room 200B: Tina Razavi?
SFV Room 200B: I think Ms. Rezavi told me that she’s gonna… she’s gonna be absent.
SFV Room 200B: Yannick Reed?
Yanique Reid: Here, Professor.
SFV Room 200B: Sabada Safarian?
Sevada Safarian: Here, Professor.
SFV Room 200B: Isabel Salazar.
Isabel Salazar: Here.
SFV Room 200B: Paria Salazar Maria?
SFV Room 200B: Karia Salazar Maria?
SFV Room 200B: Daniel Sheck?
Daniel Sheck: Hi, Professor.
SFV Room 200B: Right.
SFV Room 200B: Susie Shakhaldumian.
Suzy Shkhrdumyan: Good evening, Professor.
SFV Room 200B: Good evening.
SFV Room 200B: Cameron Smith.
Cameron Smith: Here, Professor.
SFV Room 200B: Yesenia Surya?
Yessenia Soria: Here, Professor.
SFV Room 200B: Anabela Sulahian.
Anabella Sulahian: Here, Professor. Ty.
SFV Room 200B: Hi, Clarissa Terrasas?
SFV Room 200B: Clarissa Tarasas?
SFV Room 200B: Cool.
SFV Room 200B: what is it, the Dodgers Day, or something going on?
SFV Room 200B: People are celebrating too much.
SFV Room 200B: Daniel Toklanjian?
SFV Room 200B: Daniel Tuhlanjin.
Suzy Shkhrdumyan: He’s gonna be absent today, Professor.
SFV Room 200B: Oh, is he usually on time?
SFV Room 200B: Arthur was curious.
SFV Room 200B: Of course you are.
SFV Room 200B: Madonna!
Madona Yousef: Here.
SFV Room 200B: There she is, Madonna Youssef.
SFV Room 200B: Alright, I don’t have a lot of Dodger fans.
SFV Room 200B: Criminal number one, Ana Galcian.
SFV Room 200B: Kevin Bolivati, Retaught, Karayan?
SFV Room 200B: Arthur, Ms. Lumion.
SFV Room 200B: The usual suspect, Ms. Khilani, according to a classmate.
SFV Room 200B: Just kidding.
SFV Room 200B: Ms. Rosavi told me she won’t be here.
SFV Room 200B: Ms. Salazar Maria?
SFV Room 200B: clarissa Tarazas and Daniel Toklanchion. I have everybody else.
SFV Room 200B: All right.
SFV Room 200B: So what are we talking about now that we are talking about capacity of the parties?
SFV Room 200B: Why are we talking about capacity of the parties?
SFV Room 200B: Anybody knows?
SFV Room 200B: Yes?
SFV Room 200B: To see if they’re capable of forming a contract? Yeah, we’re talking about contract formation.
SFV Room 200B: That’s what we are covering this semester, just formation. Now we’re talking about formation defenses.
SFV Room 200B: One of the defenses that a minor
SFV Room 200B: Or somebody who is otherwise crazy… just kidding.
SFV Room 200B: Who’s mentally challenged for whatever reason, that we’re going to discover tonight.
SFV Room 200B: can… This affirm the contract.
SFV Room 200B: But the challenge only belongs to…
SFV Room 200B: The minor, or the person that is having…
SFV Room 200B: We were talking about you. Oh, yes, extensively. It’s all his fault. You can watch the tape later. She said she’s usually late.
SFV Room 200B: That’s what he said. I didn’t know that until he said it. No offense, I don’t know. Now I do. No, I’m just kidding. Are you gonna be tested on performance this semester? Tested on performance? Yeah. What do you mean? Warranties, conditions, excuses, until this next semester? Nothing I don’t cover is going to be tested.
SFV Room 200B: If I cover it, it’s gonna be the test.
SFV Room 200B: Nope.
SFV Room 200B: Everything we’ve covered so far Plus…
SFV Room 200B: applicable defenses to formation, which we’re going to talk about, obviously, before the end of the semester, and parole evidence. That’s all you need to know, nothing else. That’s it.
SFV Room 200B: Cool.
SFV Room 200B: All right, so when we’re talking about capacity, I said the person that is challenging the formation of the contract
SFV Room 200B: Or wants to, disaffirm the contract, has the duty and the responsibility to
SFV Room 200B: Provide enough evidence to the court to challenge the validity of the contract, right?
SFV Room 200B: So that’s number one. So who owns the duty to, to present evidence?
SFV Room 200B: It’s the minor or the person that is talking about somehow not being capable of entering into the contract at the time.
SFV Room 200B: that they entered into the contract, number one. Number two,
SFV Room 200B: The… the… all contracts are either valid, Void or voidable?
SFV Room 200B: Entering to a contract with a minor can be voidable, it’s not automatically void.
SFV Room 200B: It is not automatically void. It’s voidable.
SFV Room 200B: Okay?
SFV Room 200B: Obviously, a valid contract, we said, is a contract that comprises of acceptance… I’m sorry, offer acceptance consideration, and is not subject to any of the valid defenses to formation.
SFV Room 200B: Right?
SFV Room 200B: Avoidable contract…
SFV Room 200B: Sorry, a void contract is a potential contract that is lacking one or more of the requisite elements that we just talked about. So one either offer acceptance consideration, or one of the defenses is applicable, making it a void contract.
SFV Room 200B: Avoidable contract is a potential contract in which at least one party has a valid capacity defense
SFV Room 200B: To formation, but no other applicable valid defenses. Avoidable contract, Is a potential contract.
SFV Room 200B: in which At least one party has a valid capacity defense to formation.
SFV Room 200B: But no other applicable defenses.
SFV Room 200B: A voidable contract will either become void.
SFV Room 200B: Or valid upon actions of the party.
SFV Room 200B: who lacks capacity. In other words.
SFV Room 200B: The minor may not say anything, and suddenly the minor becomes an adult, and some time passes, and the contract becomes…
SFV Room 200B: A valid contract. Yes. Are we ever gonna have to mention one of these three on the exams? No, you don’t need to know. You can just say, when it comes to capacity, you can say contract can be voidable.
SFV Room 200B: If…
SFV Room 200B: at least one of the… because, look, both parties may be minor. One party may be insane, and the other party may be minor. So, many things can happen.
SFV Room 200B: But usually, We don’t invest in stuff, because it’s so easy.
SFV Room 200B: I don’t waste my time, you know, talking about, oh, a 14-year-old got into a contract…
SFV Room 200B: Give me a break. Unless it’s an MBE question in which we want to test and see if you know anything about necessities of life, which is what we’re going to talk about tonight.
SFV Room 200B: Okay.
SFV Room 200B: Okay.
SFV Room 200B: So the capacity can be raised only by the party who lacks capacity.
SFV Room 200B: Right? Either by… because he or she’s a minor, Who is that minded?
SFV Room 200B: Under common law, Under common law, ladies and gentlemen, the age of majority was 21, believe it or not.
SFV Room 200B: Now it’s 18.
SFV Room 200B: Okay. We’re not talking about drinking, we’re talking about becoming an adult. Now it’s 18, under common law, it was 21. If you don’t mention 21, we won’t kill you, it’s cool.
SFV Room 200B: It’s okay, I just want you to know that a common law was pointing.
SFV Room 200B: You said it was 21, but… Yeah, it was 21. Now it’s 18. And that’s just for common law? Yes. Okay. Correct. Well, UCC has nothing to do with it. It’s still the same defense, whether it’s UCC or not. Okay. Okay.
SFV Room 200B: UCC doesn’t control H at all. Doesn’t talk about that. Okay. So, 2… Types of individuals can raise
SFV Room 200B: capacity. Juan is minors, Two is if they prove insanity.
SFV Room 200B: Okay?
SFV Room 200B: No.
SFV Room 200B: Even if they prove insanity or prove… and we’re going to talk about that as well. There’s also one case on that.
SFV Room 200B: If they prove that they were a minor at the time they entered into the agreement, or that they were insane at the time they entered into agreement.
SFV Room 200B: They still have to be responsible, or they will be held to pay for necessities of life.
SFV Room 200B: Necessities of life.
SFV Room 200B: Okay?
SFV Room 200B: That’s if it’s proven that they’re an… Yes, assuming that one party was a minor at the time they entered the contract, or, for example, either the cognitive test or the product test, it turns out that, or somebody may have been adjudicated insane.
SFV Room 200B: Still, they will be responsible… this is the general rule.
SFV Room 200B: for the necessities of life, so for food, clothing, shelter, you know, medicine, medical attention, you know, if they go end up in the hospital, the minor cannot say, oh, to hell with it, I’m not going to pay for the hospital, that doesn’t work, right? You’re still going to be responsible for that regardless, okay? General rule, again.
SFV Room 200B: Obviously, if the… if the miner can prove that there was… that they were taken advantage of.
SFV Room 200B: that the hospital, for example, was trying to screw them, they screw everybody. So, I mean, you know, I just read somewhere in one of my clients’ reports.
SFV Room 200B: 2-binol cost 170-something dollars. Two, tiny, at the hospital, was built at $170…
SFV Room 200B: Let’s say 170. I recently read it, a couple of months ago.
SFV Room 200B: I…
SFV Room 200B: I mean, nothing shocks me, but that was like… How’s that allowed? Jesus Christ. It is allowed, unfortunately. I’ve seen $1,600 for regular pain medication. It’s crazy. Regular pain medication.
SFV Room 200B: I’ve seen it. It’s the same with the, like, military defense companies from Bolt, they’ll charge 2K.
SFV Room 200B: It’s funny, because my cousin works for the City of Los Angeles, and he’s one of the… one of the few that can sign blueprints, you know, like.
SFV Room 200B: They literally, if they want to get a UL on a tank, a military tank.
SFV Room 200B: He needs to… they send him, and he does all the electrical testing, and he approves the testing, the electrical portion.
SFV Room 200B: He told me about 10 years, 15 years ago, where there were floppy disks. I don’t know if you’ve never seen any of these discs, right? Have you seen them? Floppy disks, we used to buy them for, let’s say, a dollar at the time.
SFV Room 200B: He said, at the city, we pay $50 each. $50 for each flight.
SFV Room 200B: And he showed me the receipt to prove it.
SFV Room 200B: How? I don’t know.
SFV Room 200B: I guess as long as there are taxpayers, there’s gonna be a thief somewhere out there.
SFV Room 200B: Okay.
SFV Room 200B: So, I talked about the insanity.
SFV Room 200B: How do we prove insanity? Insanity can be established through two tests. It’s either the cognitive test.
SFV Room 200B: For the product testing.
SFV Room 200B: Even if it’s caused by intoxication.
SFV Room 200B: cognitive test or product tests.
SFV Room 200B: What is a cognitive test?
SFV Room 200B: It requires that the individual not know the nature and extent of what they were doing.
SFV Room 200B: At the formation stage.
SFV Room 200B: There are two ways to do it, by factual analysis.
SFV Room 200B: Or by court adjudication.
SFV Room 200B: Factual analysis, or adjudication.
SFV Room 200B: Okay?
SFV Room 200B: confidence.
SFV Room 200B: sort of like criminal defense, you know, basically saying the person did not know the nature and extent of what he or she was entering into, what they were doing. As a defense, it’s pretty much the same thing. What is a product test?
SFV Room 200B: A product as simply as expert testimony.
SFV Room 200B: Expert comes and says, the product of the conduct
SFV Room 200B: I’m sorry, the conduct was a product of insanity.
SFV Room 200B: And that the other party was aware of it.
SFV Room 200B: So the product test requires awareness by the other party.
SFV Room 200B: But a cognitive test, where you prove, either through judicial adjudication or factual analysis that somebody was mentally insane at the time they entered into the contract, does not require the other party to be aware at all.
SFV Room 200B: Okay?
SFV Room 200B: Product test requires that you show that the other party knew, or should have known, of the insanity, and you establish it through expert testing.
SFV Room 200B: Nowadays, when we… criminal defense in California, we want to…
SFV Room 200B: Enter the client into a mental health program.
SFV Room 200B: We pretty much do it the same way.
SFV Room 200B: We hire an expert, Where we have the client
SFV Room 200B: evaluated by an expert. Some lawyers send them to the county and have the court appoint the expert. I don’t do that, because I like things to go fast. I force my client to pay.
SFV Room 200B: And, send them to one of the best experts that I can possibly find from UCLA, USC, whatever.
SFV Room 200B: Stanford, have them cognitively evaluated, and then they come up with a report. And if the doctor says… concludes that
SFV Room 200B: He attempted, whatever it is he did, assault his…
SFV Room 200B: I don’t know, significant other, or shoplifting, whatever the crime may be, that is… if it’s qualified.
SFV Room 200B: was the result of, thus, the product test. Was the product of his mental incapacity at the time, Right?
SFV Room 200B: I use that to ask the court for mental health.
SFV Room 200B: Treatment instead of jail.
SFV Room 200B: So we treat the person instead of throwing them behind bars. I didn’t believe in this stuff before.
SFV Room 200B: I wholeheartedly believe in it now.
SFV Room 200B: I really didn’t believe it. I was like, this is bullshit, you know, it’s just another way of people getting away with stuff, but…
SFV Room 200B: I’ve come to the conclusion that some people are never going to learn anything if you send them to jail.
SFV Room 200B: But you can help them Treat the underlying reason for the behavior, which would prevent it from happening again.
SFV Room 200B: You know?
SFV Room 200B: So, I believe in it now.
SFV Room 200B: So, cognitive test, product test. Yes, sir? If the party that’s mentally ill is in a lucid state at the time the contract was formed, wouldn’t they not be able to disaffirm from the contract?
SFV Room 200B: The general answer would be yes, if they can prove, but it’s got to be one of the stuff that I just mentioned. So it’s either a court adjudication, right? But if they want to prove through court testimony, expert testimony that, in fact, they were cognitively impaired at the time.
SFV Room 200B: They have to show that the other party either knew or should have known.
SFV Room 200B: Such as, you go with your buddy, you drink a lot, I mean, isn’t it a Hollywood producer that just got…
SFV Room 200B: 400 years or 145 years or something? Yes, am I right?
SFV Room 200B: Isn’t… one of the facts that was alleged is that he got the girls
SFV Room 200B: Somehow, I honestly didn’t follow it, so I don’t know. I just know this part. He got them…
SFV Room 200B: Drunk, took them home, And had sex with them while they were basically out.
SFV Room 200B: I mean, in that case, some Hollywood producer. I don’t know what his name is.
Cesar Gonzalez: Bill Cosby.
SFV Room 200B: No, that’s… I think Cosby was… I guess he was a producer. No, this happened recently.
Adreanne Kumamoto: Weinstein?
SFV Room 200B: No, it just literally happened, like, days ago. He got over 140 years or something. Jesus. And then I was like, wow, that’s a lot, so let me… let me see what happened. And apparently, two of them, two of the girls ended up dead.
SFV Room 200B: Yeah, 102 at least died, but one of them who testified says she woke up
SFV Room 200B: From the state that she was, and saw him on top of her assaulting her.
SFV Room 200B: And she was vivid with her memory.
SFV Room 200B: And, so, my point is.
SFV Room 200B: Did he know, or should he have known, that she was not in a condition to consent? Hell yeah!
SFV Room 200B: That’s right!
SFV Room 200B: Right?
SFV Room 200B: She was out.
SFV Room 200B: You can’t claim that she voluntarily entered into this.
SFV Room 200B: sexual encounter. Same thing with this. In other words, if somebody says, I was intoxicated when I entered into this contract, right?
SFV Room 200B: They need to somehow be able to show that you knew or should have known. You sat with me and had all those shots.
SFV Room 200B: And then you got me to sign the contract and sell you the car.
SFV Room 200B: Obviously, I’m gonna disaffirm it, and I’m gonna prove it because you bought all the shots.
SFV Room 200B: And you had one, I had one. You had one, I had one.
SFV Room 200B: And after the fifth one, you should… like, me, you know, if I have, like, three shots, I probably am done, right? Seriously, 5 shots, I’m sure I’m passed out. 100%.
SFV Room 200B: But some people, you know, I have friends, they drink an old bottle, and they’re like, I’ll take you home. I’m like, no, you’re not. Story guy, they have a higher capacity, right? You never think they’re drunk at all.
SFV Room 200B: I’m probably done after the third shot.
SFV Room 200B: So…
SFV Room 200B: Again, it all has to do with evidence, and that what you do, if you get this in the final.
SFV Room 200B: Is you look at the evidence that is before you, and you basically apply the two tests, and say, some jurisdictions follow this, other jurisdictions follow that, this is what is required for this jurisdiction, that’s what’s required for this jurisdiction.
SFV Room 200B: Most jurisdictions, if the court says the guy was insane, it’s over.
SFV Room 200B: Right? It’s over. Judicial education pretty much seals your faith if you’re the other party.
SFV Room 200B: Okay.
SFV Room 200B: Necessities of life, as I said, potential contract for the necessities of life.
SFV Room 200B: food, shelter, clothing, cannot be avoidable due to lack of capacity, to the extent that the contract is truly necessary for life, and not just for nicety. So, in other words, although clothing is necessary, Louis Vuitton is not.
SFV Room 200B: That is good.
SFV Room 200B: An Hermes bag is not a $40,000 Hermes bag, is not a necessities of life.
SFV Room 200B: I am sure my wife would say otherwise, but we’re talking about, contract law, right? So…
SFV Room 200B: If it comes to it, you just want to assess to see… we won’t, again, we won’t test that, but if we do, you just want to be mindful of the fact that just because it’s clothing doesn’t necessarily make it necessity of life.
SFV Room 200B: Right? A shoe that is $14,000 is not a necessity of life.
SFV Room 200B: I walked into Tom Ford with a friend of mine, swear to God.
SFV Room 200B: He looked at the bottom of the shoe, he says, oh, $5,000, not so bad, it’s good.
SFV Room 200B: He’s got a lot of money.
SFV Room 200B: And the salesperson says, no sir, it’s not 5,000, it’s $50,000. You read wrong.
SFV Room 200B: $50,000 for a pair of shoes, men’s shoes.
SFV Room 200B: Tom Ford? Yes.
SFV Room 200B: It was alligator. The poor alligator was dead because they went…
SFV Room 200B: This is what he got, 50… I’ll never forget it. Did he buy 80,000? No. I was killing. Myself.
Suren Abrahamyan: Was the alligator alive?
SFV Room 200B: Oh, literally killing. Yes.
Suren Abrahamyan: The alligator alive, that’s why it was so expensive?
SFV Room 200B: Might as well.
SFV Room 200B: I just… I don’t know, man.
SFV Room 200B: I mean, we do crazy things, but I think that’s, like, nuts.
frantzbiamby: Profica.
SFV Room 200B: Could I ask a question, please?
frantzbiamby: When it comes to… mental capacity, I know it has the two tests, the cognitive and the…
frantzbiamby: Cognitive. Yeah, the two tests. So, when it comes to the cognitive tests,
frantzbiamby: The other party had… like, the example you just gave, like, the friends that went out with the producer guy that raped the girls.
SFV Room 200B: Not to require that the other party know or should know.
frantzbiamby: Right, so is that the cognitive test?
SFV Room 200B: That’s the cognitive test. Correct.
frantzbiamby: So that example with the, producer raping the girls, that would be… what… They would use expert testimony?
SFV Room 200B: Well, I mean, either way, I don’t believe in that case they used expert testimony so much as they used her testimony.
SFV Room 200B: to prove that she was basically drugged out. Drunk. He was buying.
SFV Room 200B: And I think when they came home, they still drank.
SFV Room 200B: So, or she did.
SFV Room 200B: I don’t know, maybe she put something in her drink, but I don’t know if they proved that or not, I don’t think so. Again, I didn’t follow the… I just used that as an example to tell you that the other party knew or should have known.
SFV Room 200B: Tonight?
frantzbiamby: Right, so, when it comes to the other party, I should have known what… which… We’re doing both… both tests, but which one applies?
SFV Room 200B: Let’s not use the producer’s example.
SFV Room 200B: Because that would confuse, some people. That is a criminal standard, that is a criminal case.
frantzbiamby: are…
SFV Room 200B: With the cognitive test, I said, it requires that the individual who’s claiming That he or she was…
SFV Room 200B: lack capacity to enter into the contract. She needs to prove that at the time of the formation of the contract.
SFV Room 200B: She did not know the nature and extent of what she was getting into.
SFV Room 200B: Okay? And as I said, it can be established through factual analysis. For example, she comes and says, look, when we were at escrow.
SFV Room 200B: I had just come out of a coma, you know, after 18 months, they dragged me into escrow and said, sign here. Here’s 20 witnesses that will tell you. I just literally came out of S coma, you know, 10 minutes before.
SFV Room 200B: I’m exaggerating, but you get my point. I mean, on the SPACs, does anybody think that that is a valid contract? Probably not.
frantzbiamby: Or, as I said, the court adjudicates the individual to be… insane.
frantzbiamby: Or lack of capacity.
SFV Room 200B: Capacity, exactly.
frantzbiamby: Okay, thank you.
SFV Room 200B: as I said, would require that the other party be aware
SFV Room 200B: And it usually is established through expert testimony.
SFV Room 200B: Right? They look at the product, They look at the contract.
SFV Room 200B: And the expert testifies that this contract could not have happened but for a mental incapacity.
SFV Room 200B: Okay?
frantzbiamby: Thank you.
SFV Room 200B: You are welcome.
SFV Room 200B: No.
SFV Room 200B: What happens if the minor becomes an adult and still doesn’t disaffirm the contract?
SFV Room 200B: A potentially voidable contract becomes a valid contract, automatically.
SFV Room 200B: Because you have an obligation to take steps
SFV Room 200B: to disaffirm the contract. If you don’t, within a reasonable time after the age of majority, you’re stuck with it.
SFV Room 200B: Okay?
SFV Room 200B: Okay, there you go.
Suzy Shkhrdumyan: Professor, can you please repeat that?
SFV Room 200B: Yes, I said that when a minor becomes an adult.
SFV Room 200B: The infant becomes an adult, the contract becomes binding on the adult, bless you, unless they take reasonable steps
SFV Room 200B: Within a reasonable time to disaffirm the contract.
SFV Room 200B: Make sense?
SFV Room 200B: You enter into a contract to buy a motorcycle.
SFV Room 200B: at 14.
SFV Room 200B: you become 18, you do nothing about it. You become 19, you do nothing, and most likely, if you run to court at age 19, the court is going to say, too bad, so sad, you’re too late.
SFV Room 200B: You should have come when you were 18 and a half or something, or 18 and 2 months. You had plenty of time.
SFV Room 200B: To disaffirm the contract, you failed to do so. You have now… this contract becomes a valid contract. Now, a couple of things I want to say before we move forward and before I answer your question.
SFV Room 200B: One is that this statutory scheme
SFV Room 200B: within various states, for example, California. If, even as a minor, you enter into a contract.
SFV Room 200B: For obtaining student loans!
SFV Room 200B: The statute says you cannot disaffirm it.
SFV Room 200B: So you can’t say, great, I’m gonna go to college, you know, at age 17, because I’m so smart, and as soon as I’m 18, I’m just gonna say, nope!
SFV Room 200B: I disaffirm, get all the benefits, and cancel the contract. Doesn’t work that way.
SFV Room 200B: So there are… certain statutes that prevents, people… for example, insurance contracts, that’s another one.
SFV Room 200B: Right?
SFV Room 200B: But other than that, generally, other than the statute, the contract can become a valid contract after the minor reaches the age of majority, plus some.
SFV Room 200B: At anybody? I think I had a hand up somewhere.
SFV Room 200B: No, yes? So for necessities and life exception, that works under all three capacities? Yes.
SFV Room 200B: Yes. You make… the courts will not… to strike a balance, the court is saying, if you’re hungry.
SFV Room 200B: And they feed you.
SFV Room 200B: you’re not going to disaffirm it. If they provide you medical care when you’re dying, you’re not going to get up and say, I was insane, I was drunk. Otherwise, I would have stayed home, you know, with this gunshot wound. I wouldn’t come to the hospital.
SFV Room 200B: Not gonna work.
SFV Room 200B: Right?
SFV Room 200B: Yes. Reiner, what does it mean when it says there’s no obligation to return anything that has been negligently squandered or destroyed? If anything has… thank you for asking that. That was my next thing that I was going to get to.
SFV Room 200B: If a miner takes Purchases a motorcycle, as I said.
SFV Room 200B: To the extent the motorcycle is destroyed, they’re not required to return anything, or if it’s damaged.
SFV Room 200B: But they would be obligated, under the modern view, to pay for that for restitution to the seller for that which they benefited. So, for example, if they bought a bike.
SFV Room 200B: And they got into an accident, they destroyed the bike, they can disaffirm the contract, but they still have to pay for the damages they caused.
SFV Room 200B: Understood? Which, I think it’s our first case, if I’m not mistaken.
SFV Room 200B: I think so, first case. Maybe the second case, I don’t know. Petite, yeah, I think it’s probably the first case.
SFV Room 200B: I think the miner bought a motorcycle, in fact. Yeah, there you go.
SFV Room 200B: we’ll see how the court treats itself. The court is trying to strike a balance, because they’re like, wait a second, we understand that they don’t have
SFV Room 200B: the mental capacity to enter into a contract. But it would be wholly unfair
SFV Room 200B: to hold it against the other party, right? So, can you disaffirm the contract? Sure, but you have to pay restitution.
SFV Room 200B: You have to restore the other party to where they were before they entered into a contract with you, unless, as I said before, the other party did what?
SFV Room 200B: took advantage of the minor, right, committed fraud, right, was dishonest, any of that stuff, then of course, no restitution, which I think the first case will cover, extensively. Okay, so we’ve… we said this before, before we go into
SFV Room 200B: The first case, As I said, restitution is a legal remedy in which damages
SFV Room 200B: Are designed to place the plaintiff into the position she was prior to the formation of the contract.
SFV Room 200B: Which must be definite and certain.
SFV Room 200B: Restitution must be definite and certain.
SFV Room 200B: And it’s literally to put the party in the position that he or she was before entering into the contract. That’s the other party that basically got screwed, right? The adult.
Cameron Smith: Can you repeat that, Professor, please?
SFV Room 200B: Yes, I, we will talk about it again, but I have mentioned it before. Restitution is a legal remedy.
SFV Room 200B: In which damages are designed To place the plaintiff, the one who’s suing, Into the position they were.
SFV Room 200B: prior to the formation of the contract. Now, if the miner is the one that is suing.
SFV Room 200B: We’re then talking about the defendant.
SFV Room 200B: Right? The adult in the rooms comes to court and says, Your Honor, okay, you wanted to affirm the contract, so be it. But he destroyed the bike.
SFV Room 200B: He’s gotta pay for it.
SFV Room 200B: Right? Maybe not contract price, but restitution.
SFV Room 200B: Right?
SFV Room 200B: I just bought a bike this past weekend, Bike boat? Yes, motorcycle.
SFV Room 200B: I don’t want to go on tape to say what it is, because I caused many people to cry, and cussed me out the entire weekend. I was just gonna say, Ninja Tour. It’s a Ducati? Yes. And, and…
SFV Room 200B: They don’t… I’m saying this as an example, okay, because I just said restitution.
SFV Room 200B: I paid many thousand dollars over the sticker for this flight.
SFV Room 200B: over the MSRP.
SFV Room 200B: I don’t know what the restitution would be.
SFV Room 200B: Is the restitution the MSRP?
SFV Room 200B: is… what was their damages? I don’t know. That needs to be figured out. So if this comes again into a final, restitution is not the contract price.
SFV Room 200B: Right? It’s 1 of 18, you know, this, that, whatever.
SFV Room 200B: But that doesn’t mean, that is that the contract price is not restitution. Restitution is to put them back before they were before they entered into a contract.
SFV Room 200B: with me, assuming that I was insane. I’m… trust me, a lot of people at home told me that I was insane. So, I’m having a cognitive test shortly, just to see. My wife said, are you okay?
SFV Room 200B: Every week, when you go out, you come back with something else. She’s right. It’s like, for the past 2 months, it’s almost every week. So I’ve decided, I’m gonna lock myself at home every weekend. Yes. When it comes to restitution, I think the court decides, at the time the contract was rescinded, the reasonable value of that.
SFV Room 200B: Say again? When it comes to the restitutionary damages, I think the court decides the reasonable value at the time the contract was rescinded. Absolutely.
SFV Room 200B: Absolutely.
SFV Room 200B: Yes, the restitution is usually decided by the court. It can be a trial of fact issue.
SFV Room 200B: Right? But it’s usually readily ascertainable.
SFV Room 200B: Right? How much did you buy the bike? The dealer.
SFV Room 200B: How much did you, you know, how much are you out?
SFV Room 200B: Assuming I destroyed the bike, which is…
SFV Room 200B: Alright, so we talked about age of majority, we talked about mental andcapacity, we talked about… okay.
SFV Room 200B: Can a mentally… forgive me, strike that… can an intoxicated person reaffirm the contract after they become sober?
SFV Room 200B: Yeah. Yeah.
SFV Room 200B: We know the person was intoxicated.
SFV Room 200B: The other party that was dealing with him knows that he was intoxicated.
SFV Room 200B: So therefore, this contract is what?
Adreanne Kumamoto: Invalid if he’s… if he’s…
SFV Room 200B: readable.
SFV Room 200B: Right?
Adreanne Kumamoto: But the guy comes…
SFV Room 200B: into consciousness, And says, what a beautiful contract. I’m cool with it.
SFV Room 200B: Right? It’s like those Las Vegas marriages. It happens, and then you wake up in the morning and go, holy moly! And she goes.
SFV Room 200B: 9th.
SFV Room 200B: What? Do you want to say something? No, no, no, I love you! Reaffirming the marriage! Boom! No, I’m joking. I just want you to remember this, okay? So, if they were drunk.
SFV Room 200B: when they enter their vows, maybe just talk to Professor Zand about what happens. I don’t know. But I would suspect that if you reaffirm it, and you show to the world that you are married.
SFV Room 200B: It would be very hard for you to go to court later and say, Your Honor, I was dead drunk when Elvis said.
SFV Room 200B: Do you think… This woman to be her wedded wife, you know, etc, etc.
SFV Room 200B: Right? It’ll be hard, because you just reaffirmed it, not once, but you had a chance to go annul that marriage, and you didn’t.
SFV Room 200B: Again, I don’t know what the effect of it is, don’t hold me, I don’t do family law. I’m just saying, this sounds like something like that. So, as a matter of law, an intoxicated person can, later on, upon recovery.
SFV Room 200B: Reaffirm the contract.
SFV Room 200B: Cool?
SFV Room 200B: Okay.
SFV Room 200B: Let’s do petite on page 323. There are other legal defenses, obviously, we’re going to go into them. Mistake, misrepresentation, duress, undue influence, unconscionability, and illegality. We’re going to talk about all of that, but after we do this, we’re going to do…
SFV Room 200B: oral evidence, then I’m gonna go back to other defenses.
SFV Room 200B: I don’t know how this was designed this way, but it is where I didn’t do it.
SFV Room 200B: Okay, petite, anyone? Page 323.
SFV Room 200B: Nope.
SFV Room 200B: Would I do one of these?
SFV Room 200B: Alright, I thought this was the easiest case on Earth, for God’s sake.
SFV Room 200B: You just saved Paul Gonzalez.
SFV Room 200B: Go ahead, man. Thank you. Pete v. Liston, Supreme Court of Oregon, 1920.
SFV Room 200B: Litigant’s, litigant was a minor, plaintiff versus Liston to defendant.
SFV Room 200B: Defendant sold motorcycles and attachments. The plaintiff purchased a motorcycle for $325.
SFV Room 200B: I have paid $125 as a down payment and a payment plan of $25 per month. The plaintiff used the motorcycle for a month and returned to the defendant requesting a resolution. Defendant refused to refund and requested $156.65 for wear and tear and damaged parts.
SFV Room 200B: Procedural history, plaintiff the minor, brought action against defendant by guardian for recovery of 125 and filed a demurror in the response to defendant answer. The court dismissed plaintiff’s complaint, plaintiff appealed.
SFV Room 200B: The issue was whether or not the miner who has purchased an article of this kind and taken and used the same after paying part or all of the purchase price can re-sign the article and is paid without looking good to the vendors to wear and tear and depreciation at the same level.
SFV Room 200B: The rule is the miner, where the miner has not been overreached in any way, and there has been no undue influence, and a contract is a fair and reasonable one. The miner has actually paid money off the purchase price, and taken and used the article, that he ought not to be permitted to recover the amount of actually paid without allowing the vendor of the goods the reasonable compensation.
SFV Room 200B: For the use and depreciation of the article while in his possession.
SFV Room 200B: My analysis with certain conditions have to be evaluated for a proper rule to apply, such as whether the contract is executory or partially or wholly executed, whether it was a necessity, whether it was beneficial to the minor, whether it was fair and reasonable, and if the miner still had the property in its possession.
SFV Room 200B: or receive the full benefit of the same. Rule varies by each state. The court determined that the contract minor held was executory, and even if title would transfer after stipulated payments were made, a contract was executed. Therefore, he cannot react the benefits of contract without returning the benefit.
SFV Room 200B: Due to consideration of the transaction.
SFV Room 200B: Excellent, excellent. And the… and the reasoning…
SFV Room 200B: is, as you correctly stated, bottom of page 323, the court says.
SFV Room 200B: The courts, in an attempt to protect the minor upon one hand, and to prevent wrong or injustice to persons who have dealt fairly
SFV Room 200B: Reasonably with such minor upon the other, have indulged in many fine distinctions.
SFV Room 200B: and recognize various slight says of difference. In other words, here and there, but the courts still think that it’s unfair to just hold for the minor, it would be unjust, right?
SFV Room 200B: And then, of course, you can see on page 324, third and fourth paragraph, the court gives two different, distinct opinions from various courts.
SFV Room 200B: But then the court says.
SFV Room 200B: As, again, as was perfectly pointed out, bottom of page 325, the court says.
SFV Room 200B: Where the minor has been… has not been overreached in any way, and basically has been… has not been placed under undue influence, which we’re going to cover as a defense, has been dealt with fairly, where there was no fraud, there was no concealment, you know, et cetera, et cetera.
SFV Room 200B: We’re gonna hold them to it to pay restitution. That’s basically another word for restitution. In other words, that much you used, right, you depreciated the bike, it was $500, now it’s worth $300, you gotta pay the $200.
SFV Room 200B: You give the bike back, but you have to pay $200 on top of it.
SFV Room 200B: Okay? So, and then the reasoning, of course, is on top of 326.
SFV Room 200B: Thank you very, very much. Excellent. All right, or, or, or teller…
Paul Gonzalez: I’ll do it.
SFV Room 200B: Johnny Board?
SFV Room 200B: May I please have your name?
Paul Gonzalez: Paul Gonzalez.
SFV Room 200B: Please, oh boy!
Paul Gonzalez: The plaintiff, a public school teacher, was on psychiatric leave after suffering a mental breakdown.
SFV Room 200B: While on leave, she made a major change to her retirement plan. She selected a payout option that would provide her with a larger.
Paul Gonzalez: Monthly benefits… larger monthly benefits during her lifetime, but eliminate any survivor benefits for her husband upon her death.
Paul Gonzalez: She also borrowed a substantial amount for her retirement account. Two months later, she died. Her husband sought to cancel the change in her benefits, arguing that she lacked the mental capacity to understand her decision at the time she made it.
Paul Gonzalez: The issue is, can a contract be canceled when one party due to mental illness, is unable to act reasonable in the relations of the contract, or the transition? A contract may be canceled if one party, because of mental illness or defect, is unable to act reasonable in the transaction, and another party knows or should know of the condition.
Paul Gonzalez: This rule replaces the, stricter standard required total incapacity to understand the contract.
Paul Gonzalez: The court found that the plaintiff mental capacity significantly impaired her ability to make rational decisions. The teacher’s Retirement Board, as her employer, knew of her psychiatric leave and should have been aware of her mental instability. Therefore, it was reasonable to conclude that the board has significant notice
Paul Gonzalez: Sufficient note, excuse me, of her,
Paul Gonzalez: In capacity when it accepted her… when they accepted her change in the retirement benefits.
Paul Gonzalez: So, in conclusion, yes, the court held that the contract could be, canceled under the rule for her mental incapacity.
SFV Room 200B: Okay.
SFV Room 200B: So, which was it? Product test here, or cognitive test? Does anybody know?
Paul Gonzalez: Cognitive.
SFV Room 200B: Oh, sorry. Product test, because they also talked about the fact that the other party knew or shouldn’t know. Yeah? Very good. Excellent job.
SFV Room 200B: See, I knew Paul was gonna do it.
SFV Room 200B: Okay. This was a non-trial, right? I’m sorry, non-jury trial.
SFV Room 200B: Yeah. Okay, very good.
SFV Room 200B: On page 330, I just want to put some stuff on the record. The court says the well-established rule is that contracts of a mentally incompetent person who had not been adjudicated insane are voidable.
SFV Room 200B: In other words, even if you’re mentally incapacitated, it’s still voidable, not void.
SFV Room 200B: You see? That’s number one. As well-established rule. Then the court says.
SFV Room 200B: For the test of the cognitive test, traditionally the state and elsewhere, contractual mental capacity has been measured by what is largely a cognitive test.
SFV Room 200B: Under this standard, the inquiries whether the mind was so affected as to render him wholly and absolutely incompetent to comprehend and understand the nature of the transaction.
SFV Room 200B: A requirement that the party also be able to make a rational judgment concerning the particular transaction, qualified the cognitive test. And of course, the court says in this test.
SFV Room 200B: I mean, in this state,
SFV Room 200B: incompetence to contract also exists when a contract is entered into under the compulsion of a mental disease or disorder, but for which the contract would not have been made. And then the court goes on to talk about
SFV Room 200B: It says, the court says it is quite… I’m on the bottom of page 321, and restating second of contracts, which is very, very important.
SFV Room 200B: It is quite significant that the restatement second of contracts states the modern rule on competence.
SFV Room 200B: Modern rule on competency.
SFV Room 200B: Now… Should you put that in your notes? I would think so.
SFV Room 200B: It says, the new restatement section reads, a person incurs only voidable contractual duties by entering into a transaction if, by reason of mental illness or defect.
SFV Room 200B: He is unable to act in a reasonable manner in relation to the transaction, and the other party has reason to know of his condition.
SFV Room 200B: Okay?
SFV Room 200B: And,
SFV Room 200B: Here is page 332, second full paragraph. The court says, when, however, the other party is without knowledge of the contractor’s mental illness, and the agreement is made on fair terms, the proposed restatement rule is…
SFV Room 200B: the power of avoidance under Subsection 1 terminates to the extent that the contract has been so performed in all or in part, or the circumstances have so changed that avoidance would be inequitable. In other words.
SFV Room 200B: Injustice would result if you were to cancel the contract.
SFV Room 200B: In such a case, the court may grant relief on such equitable terms as the situation requires. In other words, the restated second goes further to say
SFV Room 200B: The power to avoid under subsection 1, even if you prove that, is terminated.
SFV Room 200B: To the extent that the contract has been performed in whole or in part.
SFV Room 200B: Or the circumstances basically dictates that that would be unjust result will result. You see what I mean? So, in other words, even the modern view basically says, you’re crazy, I don’t care.
SFV Room 200B: You have to go through a whole lot of hoops.
SFV Room 200B: To cancel the contract.
SFV Room 200B: Can you imagine? You show up, you buy a Lamborghini, you go enjoy it for a week, you come back, and you bring a bunch of friends. It says, he was smoking crack the night before, all the way to 9 o’clock when the showroom door opened.
SFV Room 200B: My friend was crazy. In fact, two of us are doctors. We saw him. Totally nice. He was out of it.
SFV Room 200B: Should the court give the Lamborghini back to the dealer and screw the dealer? Hell no!
SFV Room 200B: That’s why you have to go through so much to undo what you have done.
SFV Room 200B: Okay? But nevertheless, that’s the rule. These are the rules. There is an out, but you have to be able to show that the other party knew or should have known.
SFV Room 200B: Right?
SFV Room 200B: Like, when the client shows up drunk and stands right next to me in court, which I swear to you has happened at least 20, 30 times.
SFV Room 200B: drunk. Like, I can see the smell, the… he’s on… everything, like, totally drunk. I’m like, are you freaking kidding?
SFV Room 200B: That’s their response.
SFV Room 200B: I’m not drunk. So usually they lie? Yeah, of course they do.
SFV Room 200B: Of course they do.
SFV Room 200B: They’re criminal defendants. They’re innocent until they open their mouth.
SFV Room 200B: Then they become guilty.
SFV Room 200B: Pisses me off.
SFV Room 200B: That you can’t stay sober for 3 hours.
SFV Room 200B: Which, of course, many times, the judge lit or the DA.
SFV Room 200B: Basically, comments in open court.
SFV Room 200B: And then you’re really toast.
SFV Room 200B: It happened in Ventura about a month ago. The judge literally looked at my client and said, sir, you are drunk, aren’t you?
SFV Room 200B: I just wanted to kill it.
SFV Room 200B: What do the clients say?
SFV Room 200B: He didn’t say anything, because I told him, if the judge says it, I knew it, because I could smell it. I said, do not speak, I do all the talking.
SFV Room 200B: What did you say? Yeah, what did you say? I said, Your Honor, I need a short continuance, I need to speak to my client. He said, you should do that. He walked out.
SFV Room 200B: It was obvious.
SFV Room 200B: They do that because they’re like… The judge said, I’m not going to entertain any offers or deals today. Oh, my God. He’s clearly drunk.
SFV Room 200B: And I said, I’m gonna send him to 5 AAs a week, and I did.
SFV Room 200B: in chambers.
SFV Room 200B: Not in open court.
SFV Room 200B: That was the deal. I said, he needs help. I’m gonna get him the help that he needs. If he didn’t need the help, Your Honor, you honestly think he would be drunk in court? I mean, is anybody that stupid? That’s true. He’s… am I right? He needs freaking help!
SFV Room 200B: What are we gonna do, throw him in jail? That’s not gonna do anything, he’s gonna come out and drink more.
SFV Room 200B: No, he’s really depressed. Let’s get him help. So I’ll send him to AAs, 5 days a week, and I’m going to send him to private therapy. He said, okay, you do that. I said, okay.
SFV Room 200B: Did it help?
SFV Room 200B: I hope so, for his sake.
SFV Room 200B: He has two children. Small. That’s what hurts me. Not him. I don’t give a shit about him. I care about his children.
SFV Room 200B: You can’t ruin two kids’ lives like that.
SFV Room 200B: Always drunk. Can you imagine what a shitty life?
SFV Room 200B: So I’ve… I’m determined, even if he doesn’t pay me, I’m going to treat him.
SFV Room 200B: Even if I have to slap him every game. I’m gonna bring him to reality.
SFV Room 200B: Just because of those kids.
SFV Room 200B: No, they show up drunk because they’re just drunk. Addicts? 100%, 100%.
SFV Room 200B: Because there are other ways that you can deal with your nervousness.
SFV Room 200B: It’s just the dumbest thing I’ve ever seen.
SFV Room 200B: And I’ve seen it many times. I mean, when I say 20, 30 times, I’m underestimating.
SFV Room 200B: In all the years that I’ve practiced. And I’m assuming same thing with they come high, too. Yes, of course.
SFV Room 200B: just less visibos. Yeah. I’ll just… my client didn’t have any sleep last night. Because he was snorting.
SFV Room 200B: Okay, any questions so far?
Armen Bashian: Yes, Professor, I have a question. Just hypothetically speaking, so when you go to, let’s say, a Rolex in Beverly Hills, and they get you drunker and drunker until you buy a watch.
SFV Room 200B: Apply. It’s true. Yeah, that’s true. Even Omega… I’ve been there! I just didn’t drink. They give you champagne, and yeah. Yeah, he immediately said, let’s go to the bar. I said, no, no, no, just bring the watch.
SFV Room 200B: No, okay, I didn’t want to drink, but yeah, they do have an open bar, so go ahead with your example. Good example.
Armen Bashian: No, I’m just asking if that kind of plays into this, because…
SFV Room 200B: I’m in trouble.
Armen Bashian: I may or may not have bought a $17,000 watch a few years ago with that example.
Armen Bashian: Hypothetically.
SFV Room 200B: Following me?
SFV Room 200B: Bit lost.
SFV Room 200B: Assuming that you can prove That’s…
SFV Room 200B: I mean, look, it’s one thing to say they got me drunk.
SFV Room 200B: Versus, they gave you the freaking drink, and you put it in your own mouth, and you pulled the trigger yourself. So, in their defense, I would say, nobody put a drink down your throat, you took it. Exactly, you’re a grown-up person. Yeah, you’re a grown-up. Yeah, if I’m the judge, I’d be like, come here.
SFV Room 200B: Didn’t you get drunk, then buy the watch? By the way, why’d you go up there to begin with? Did you go up there to buy a watch, or did you go up there to get drunk? Which one? Both. It’s one of those questions that, you know, no matter what he says, he’s in trouble.
SFV Room 200B: I guess, can you argue, if we go back to the basics, they’d say, well, what’s the predominant purpose of you… The predominant purpose of you, UCC applies, or… UCC, yeah. …or common law, because one is getting drunk, one is buying… That is correct, yes. Well, they would look at the UCC and…
SFV Room 200B: But in all seriousness, I… now I wonder why they have an open bar, On the second floor. Psychological.
SFV Room 200B: And they don’t show you the watch on the first floor, they took me to the second floor.
SFV Room 200B: They didn’t.
SFV Room 200B: And they offered drink, immediately.
SFV Room 200B: In the middle of the day.
SFV Room 200B: something to think about. When it comes to minority, I can’t remember what it was, but it was a big class action suit against a video game company, because they were allowing
SFV Room 200B: Or, basically, it was just kids just buying stuff without… Isn’t it still going? I think. I forgot which one it was. Yeah, I heard about that. They were saying some… some had purchased, made purchases through a guardian, but most, it was just the miners, as I heard. I don’t know what happened to it. Most likely.
SFV Room 200B: Especially if it was harmful to the children, they’re probably…
SFV Room 200B: You know, some lawyer says this is… this is a contract.
SFV Room 200B: One-sided contract for the benefit of the, you know.
SFV Room 200B: Seller, not the miners. Is it a necessity of life? I would suspect no.
SFV Room 200B: So, those are the… literally, I mean, seriously, all jokes aside, those are the steps we’re going to go through, right?
SFV Room 200B: There’s a contract, it appears to be a valid contract, right? There’s author acceptance consideration. Is it an enforceable contract?
SFV Room 200B: And that’s when you would come up with defenses. And one of the defenses would be, potentially, capacity, undue influence, maybe?
SFV Room 200B: Right? Depending on what the hell is the game about, I could potentially argue there was some undue influence, maybe there was something else? Excuse me? I think it was Fortnite. Okay. Sounds, sounds cool.
SFV Room 200B: But you get my point? You basically go through the formation defenses to see if you can… and then if the miner brings a defense of capacity, it is up to the miner to prove
SFV Room 200B: that he or she was a minor at the time, that this was not a necessity of life, etc, etc. They would have to pay restitution. I don’t know what the hell restitution would mean in a game.
SFV Room 200B: you know, I don’t… I really don’t, but you just have to argue the hell out of it, right? So if there’s… if you… if you’re not asking the question about, are there any defenses to this contract or this agreement, then there’s no reason why it should be brought up, correct? Well, we may not ask if there are any defenses, but we may ask
SFV Room 200B: What are the rights and liabilities of the parties? Rights and liabilities. If we say that.
SFV Room 200B: We want you to go through the entire analysis. What are the rights of the parties?
SFV Room 200B: In other words, does the minor have a right to raise that as a defense? Absolutely. And you only bring it up, you only bring up one of the… obviously, you’re not going to sit there and give all the defenses if it doesn’t… All the defenses that are… that are… Applicable to that. Yes.
SFV Room 200B: that are applicable to the fact pattern that is before you. Of course. Otherwise, it would take an hour to go through all the defenses. Yeah, absolutely. Maybe one or two. Usually, there is only one.
SFV Room 200B: We don’t, we don’t, because it’s on our test. There’s no way to put 6 defenses in there, makes no sense. Can I ask, usually, like, one. Kind of an off-topic, question. Kind of topic, off-topic.
SFV Room 200B: We all agree to the terms and conditions to whenever we buy Apple, or whenever we subscribe to our next, I don’t know, dating world, or next AirPods. Would you say that there’s always going to be some type of defense to all… like, it could be 32 pages.
SFV Room 200B: No, I was ever gonna read 32 pages, but is it safe to say there’s always a defense on our end to, be able to argue and fight a contract when we… Always?
SFV Room 200B: I mean, a valid defense? No, not always. Because, listen.
SFV Room 200B: that Apple contract has been gone over by, you know, probably 200 eyes. Okay. Right? Yeah. And my brother gave me an example. He’s, my niece.
SFV Room 200B: works for one of these big law firms. She’s a graduate of Columbia Law School, and she’s in London. She works for a big law firm that is international.
SFV Room 200B: And my brother, since we were there on a Saturday, I was with her in London, and she said, Dad, I gotta do something right now. And she went and got grabbed her laptop, and her boss was on the phone.
SFV Room 200B: And my brother says, I was listening to the conversation, and he’s like, literally, like, 26 lawyers or whatever have already gone through the contract. And then he says, okay, Tara, listen, I want you to go through it again.
SFV Room 200B: And find all the problems with it, and rewrite the damn thing right now, and send it to me today.
SFV Room 200B: So he says she sat in the park for 3 hours. After all those… I’m exaggerating 26, let’s say 20. I’ve already gone through it.
SFV Room 200B: But why? Because it’s a multi-billion dollar deal between two countries or something. She had to go through all that again, and he was bragging about it, like, you know, she was so smart, because, I mean, why would the boss give it to her?
SFV Room 200B: When she’s literally 2-3 years out of law school.
SFV Room 200B: you know, I was impressed. But you get my point? How many of us are going to find more in that contract? Probably not that many of us, lawyers, right? So I’m sure Apple… especially because Apple gets sued all the time, and they redo their terms of…
SFV Room 200B: Contract, terms of agreement, repeatedly they change it so that
SFV Room 200B: They cover against more lawsuits, more lawsuits. But that doesn’t mean that you don’t have a defense, sure.
SFV Room 200B: In Europe, they have a ton of defenses against, I mean, lawsuits against Apple.
SFV Room 200B: Oh, I see, okay. Which is… they just made them change their charging thing, charging port, right? Yeah. To the one that… Lightning to USB-C, because they said that you guys are monopolizing it, and you guys are… Now, I’m sure Apple had a thousand lawyers look into this, nevertheless, they lost.
SFV Room 200B: And that’s why we get the benefit here. We don’t have to have 500 different charging ports.
SFV Room 200B: Which I always thought was ridiculous, but…
SFV Room 200B: you know, I don’t know what their motive was. And the same exact thing with, websites that track your cookies. Now that you could choose what kind of information they gather from you, as opposed to… Right, and I still haven’t got,
SFV Room 200B: the idea, how do I answer? Reject all, accept all, steal you all. I said, screw you all. You know, I don’t know, man, I’m so tired of this old shit. My stuff, whatever. I just want to look something over, not spend half an hour. All right.
SFV Room 200B: It’s 7.40, we have 5 minutes, I want to do problem one, On page 335, please.
SFV Room 200B: because there’s only two case laws, only two case laws, I thought that we should do more of the problems to make sure that we are all
SFV Room 200B: You know, in a strong footing with regards to these, defenses, capacity defenses. Plenty of a 15-year-old employee of a Toyota dealership. See, as soon as you see age.
SFV Room 200B: Minority. If you… there you go. It’s a contract class.
SFV Room 200B: You’re not talking about, you know, it’s not a criminal law class.
SFV Room 200B: It’s not a torque, it’s a contract, so you immediately think, oh, capacity, capacity, capacity.
SFV Room 200B: A plaintiff, a 15-year-old employee of a Toyota dealership, injured his back in the course of his employment… in the course of his employment. An adjuster for the dealership’s insurance negotiated a settlement of plaintiff’s workers’ compensation claim.
SFV Room 200B: with the plaintiff and the plaintiff’s mother. The final agreed settlement was $6,136.40. Plaintiff signed the settlement agreement. Plaintiff’s mother did not.
SFV Room 200B: She, however, was aware of its terms and had advised plaintiff to accept the offered settlement.
SFV Room 200B: Plane it.
SFV Room 200B: Has now declared that he disaffirms the agreement and has filed a petition to reopen his claim, should it be granted.
SFV Room 200B: I understand it’s a little…
SFV Room 200B: confusing, because this is workers’ comp, and in California, for example, workers’ comp is… has to be approved by the judge.
SFV Room 200B: At all times, minor or otherwise, even if you’re an adult. Court has to approve. I was just gonna ask, so the kid signed it, the parent didn’t, and then the parent told the kid that he should sign it. The facts are that the mother basically said, yeah, go ahead and sign.
SFV Room 200B: And he signed it. But the parents did, but mom did not sign it. This is a real case from 1981. It’s called Parent vs. Midway Toyota.
SFV Room 200B: From 1981. What happens?
SFV Room 200B: Can he disaffirm the contract?
SFV Room 200B: Yes? I’m gonna say no.
SFV Room 200B: Oh, tell me why. I’m gonna say because it was made on, on fair terms.
SFV Room 200B: It was what? The contract was made on fair terms. Fair terms. Okay. Anybody else?
SFV Room 200B: There has not been a partial payment or full payment already, if that helps.
SFV Room 200B: So I think we can,
SFV Room 200B: Why? Because if there was a payment, then that would be kind of acceptance.
SFV Room 200B: And maybe, like, more consideration.
SFV Room 200B: Yeah.
SFV Room 200B: That’s pretty much what the court said. The court said, because payment has not been made, and this is not necessities of life, basically, that he can disaffirm it. By the way, the funny thing is, the court said, even if the mother had signed it, it would not make a difference.
SFV Room 200B: You still could disaffirm it.
SFV Room 200B: Because the mother was not his guardian ad lineup, so he didn’t bring the claim through a guardian, he brought it directly. But as I said, in California, and I have it in my notes, in California, this would not happen, because all settlements are subject to court approval.
SFV Room 200B: I know because that’s what my wife practices.
SFV Room 200B: you know, workers’ comp and employment, so I know she says every single case has to go to a judge.
SFV Room 200B: Even if it’s $5. Has to go to a judge. No, there’s no jury in the workers’ comp. No. In fact, you don’t even have to be a licensed lawyer to advocate in workers’ comp court. Did you know that? You don’t have to be a lawyer, and you can be a workers’ comp advocate.
SFV Room 200B: Oh, amazing. Yeah. So, in fact, the… except my wife and maybe two other lawyers, all the other ones are just…
SFV Room 200B: They’re called something else. They’re not lawyers, but they… but they know workers’ comp like the back of their hands.
SFV Room 200B: And they, they just can’t bill as much as a lawyer does. Her billing rate is, I think, $600, their billing rate is, like.
SFV Room 200B: 180, 200, 250, something like that.
SFV Room 200B: Yes. I was gonna say, so it was a partial payment, right? If there was payment, and he had used the money.
SFV Room 200B: Restitution? It would be something that you… possibly, or you have to disgorge that money, like, pay all of it back.
SFV Room 200B: Right? If you wanted to affirm the contract.
SFV Room 200B: Okay?
SFV Room 200B: But I brought this up just to say that
SFV Room 200B: Just because a mother or a parent may sign off does not necessarily mean that the minor cannot disaffirm the contract.
SFV Room 200B: If a contract is for the benefit of the minor, the fact that the parent-adult signs means nothing.
SFV Room 200B: For the most part. Unless they’re the guardian ad litem, in that case… oh, yeah, completely different. So when we do in court, what do we do when I’m representing a minor? I get the parents to sign as guardian ad litem, sign a guardian ad litem form as well, submit it to the court, right? They can’t disaffirm anything.
SFV Room 200B: In that case, because they are acting as a guardian, they have the right to make that decision, and the court approves. So that’s that. So how come in this case it’s not like that?
SFV Room 200B: How is the claim brought by a minor, or is that not allowed to be brought by a minor? It’s Montana, I don’t know what their rules are. Here, if it’s a minor, it has to be done through a guardian, right? Yes. Here, workers’ comp, I don’t know, I have to ask my wife. I honestly don’t know. But I’m assuming either that, or it’s subject to court approval.
SFV Room 200B: So even if there is no adult involved, the court will ascertain whether or not it’s a… I remember
SFV Room 200B: Years ago, when I represented a, a kid.
SFV Room 200B: She was at a,
SFV Room 200B: She was at a camping area, the dog suddenly attacked the child, she was 4 or 5 years old, and bit this much of her face.
SFV Room 200B: took it off completely, but she had no face on this side. I never forget that case.
SFV Room 200B: She went through, I want to say, at least 7, 8, 9, 10 plastic surgeries.
SFV Room 200B: 80% improvement.
SFV Room 200B: Something like that. It took years for us to settle this case.
SFV Room 200B: And I recall that both parents were present, and the judge was not convinced. The judge said, I want the minor in court. I want to see her face. Myself. I don’t agree. You have to bring the minor in court. My… the mother…
SFV Room 200B: cried and said, I don’t want my child to be exposed to the court system and all that. And the judge says, okay, no problem, I’m gonna be in a suit.
SFV Room 200B: I’m gonna actually take my jacket off, I never forget.
SFV Room 200B: We’re gonna do the coffee shop across the street from… at the time, there was a… I’m not joking. We went to the Starbucks across from the Standing Moss Courthouse. The judge showed up in a suit, took off his jacket, sat in the
SFV Room 200B: Table, observe the child, and then approve.
SFV Room 200B: He said, I will not approve unless I see the child myself. I want… because it was… it was her face.
SFV Room 200B: You know? And she was, by then, 8, 9 years had passed, but still, you could see the scars, unfortunately. But we had no choice. It was policy and then some, but…
SFV Room 200B: For some reason, the court wanted to be satisfied 100%, and made sure that the money goes into annuity with a specific interest. I killed myself to get the best possible annuity for the child, so that when she is
SFV Room 200B: of age.
SFV Room 200B: It’s just sizable money, like a lot of money, like, millions, I think, if I recall. Two, three million, maybe more.
SFV Room 200B: By the time she’s, like, 20. Wow. Or something. And I’m sure by now she is. This was years ago.
SFV Room 200B: But… So what if the family… what if that family doesn’t have the millions to provide… the, I guess, defense? Well, there are multiple parties, I don’t recall exactly, but multiple parties were involved in this lawsuit, including the landowner that had the motorhomes.
SFV Room 200B: And, you know, they were all parked there.
SFV Room 200B: Rules were not strictly enforced, they were not in chains or on leash, dogs were just roaming around, and she just, as an innocent kid, she just wants to go play with a dog, and the dog suddenly goes.
SFV Room 200B: grabs hold of her face and takes off. Do you document those facts? Do you… Yeah, a lot of people saw what happened. Many, many, many people saw what happened. Would you ever go to that yard and take pictures? No, we did… no, we sent an investigator. I was working for a law firm, it was not my case. I was working for a law firm.
SFV Room 200B: And in fact, my boss thought the judge was insane, but,
SFV Room 200B: I thought, what a wonderful judge.
SFV Room 200B: That wants to make sure every aspect of that case was approved by the court.
SFV Room 200B: Every single thing to the last dime was supervised by the judge, made sure. He made me come back and show proof of the annuity, which they usually say, file it, but he said, bring it. I want to see it.
SFV Room 200B: He went through every page, read it himself.
SFV Room 200B: I guess he… he had a heart?
SFV Room 200B: Alright, it’s 7.49, let’s take a break, but let’s come back at 8.05. 8.05 sharp.
SFV Room 200B: That’s funny.
SFV Room 200B: The sideline, I made it from scratch. Second table.
SFV Room 200B: Oh.
SFV Room 200B: Like, some of the photos are from the spot. The one that is at the top.
SFV Room 200B: Let’s do this.
SFV Room 200B: We’ll have access, can we go back to the email list.
SFV Room 200B: Search… Flash quarters…
SFV Room 200B: do that.
SFV Room 200B: I don’t think.
SFV Room 200B: like, tile on your D2?
SFV Room 200B: Not the review, his actual class.
SFV Room 200B: No, this is right, I would call this right.
SFV Room 200B: So, shit.
SFV Room 200B: Pressing you up.
SFV Room 200B: Yeah, I have both, that’s why.
SFV Room 200B: I emailed Elvis, and… no, Professor Frank was like, you could…
SFV Room 200B: asked Elvis just to get, like, added to the date, like, not actually added for units, but, like, the actual pile.
SFV Room 200B: You know, I had marked your absent. What time did you walk in?
SFV Room 200B: Season 3.
SFV Room 200B: Okay, that’s it.
SFV Room 200B: Beautiful.
SFV Room 200B: If you’re late, let me know, because if you mark your absent, then…
SFV Room 200B: they’ll just mark you completing action, which is pretty bad. It’s really unexpected. Some days it’s, like, less, some days it’s more. I know.
SFV Room 200B: No.
SFV Room 200B: You know, 3 abs… if they mark you absent 3 times, you’re… it’s… you’re out.
SFV Room 200B: It’s these. Yeah, it’s just… it’s just, I…
SFV Room 200B: Made my outline in the same order as you would write the essay, so that, like.
SFV Room 200B: As you go down, it’s like…
SFV Room 200B: If you, like, don’t find an offer, I only keep going down. Makes sense, makes sense.
SFV Room 200B: Okay, spam.
SFV Room 200B: I’m gonna finish it in, like, probably end of this week… weekend. So I… my outline, yeah, I’m just, like, all that’s left is some of the defenses, and then I could send it if you want. Oh, that would be so nice.
SFV Room 200B: Professor, what a… Ducati, did you get… did you get the Panigale?
SFV Room 200B: You might be the subject of what we’re talking about? Monster. Capacity.
SFV Room 200B: Is it… is that the race kind, or… It’s, yes, it is. But it’s… it’s, it’s not brand new, it’s used. It’s supposedly 1 of 18, or 1 of 19, according to…
SFV Room 200B: So it’s, like, the limited kind. Very. I don’t… I don’t want to write it. I just… Yeah, no, I was gonna say… Oh, no, I’m not writing that. Pretty much, like, I don’t want to write… I… years ago, I sold my… I decided never buy again.
SFV Room 200B: Because it… it can kill you.
SFV Room 200B: Oh, that one you were actually writing? The one that I was writing was a Monster 900, which was…
SFV Room 200B: It really was… like, I don’t know why I just don’t see lawyers. Much, much younger and stupider at the time, but… but I had… my friend had a Ducati, and we… he got into an accident right in front of me. And, I just decided, when I had a child, I said, that’s it.
SFV Room 200B: I’m sitting. Property 1 and 2?
SFV Room 200B: They felt wrong for yourself.
SFV Room 200B: My first cousin, his name is, Carlos.
SFV Room 200B: He’s also in downtown Children District, also a big issue. I’ve been there for 40 years. Oh, yeah, 100%. Bro, if you don’t show each other.
SFV Room 200B: Ask if they know who to post photos?
SFV Room 200B: I’m surprised you didn’t go into the jewelry.
SFV Room 200B: Is there any?
SFV Room 200B: Thank you.
SFV Room 200B: Okay, same place.
SFV Room 200B: Let’s do Problem 2 on page 335, everybody.
SFV Room 200B: Problem 2 on 335.
SFV Room 200B: Plaintiff’s parents brought cruise tickets for themselves and for Plaintiff, their 4-year-old daughter.
SFV Room 200B: Plaintiff was injured on the cruise ship.
SFV Room 200B: When the ladder she was climbing detached and fell backwards.
SFV Room 200B: Upon completion of the coup, LePense brought suit for damages in the U.S. District Court.
SFV Room 200B: for the ED of Pennsylvania and her… on her behalf.
SFV Room 200B: The cruise tickets provided that all lawsuits for injuries that occurred while on the cruise were to be brought in Dade County, Florida.
SFV Room 200B: Defendant moves for a change of venue to the U.S. District Court,
SFV Room 200B: for the Southern District of Florida, located in Dade County. Plaintiff argues that as a minor, she’s not bound by the choice of form clause. What results?
frantzbiamby: Is it because the parents, or…
SFV Room 200B: First, tell me what the results, and then tell me the reasoning behind it.
SFV Room 200B: Yes.
SFV Room 200B: What does that mean, exactly? The…
SFV Room 200B: Chase of Forum? Yeah. In the contract, it says, if you sue us, you have to sue us at this location, at this court, in Florida.
SFV Room 200B: But they are filing, obviously, somewhere else, and so the defendant basically says, look, we’re going to move the forum to… for the agreement.
SFV Room 200B: states. So what happens? I don’t think the plaintiff would,
SFV Room 200B: Win in that case, because the parents…
SFV Room 200B: Filed a claim on the plaintiff’s behalf, and they knowingly
SFV Room 200B: they knew that clause was in there, and they still signed it. So, is it gonna move, or is it gonna stay? It’s gonna… I think it’s gonna stay. It’s gonna stay where it is. Yeah. Yeah, in other words.
SFV Room 200B: the defendants cannot force the minor to the jurisdiction of their choosing, based on what is in the contract, is that what you’re saying? Wait, no, I don’t think that’s what I said. Okay. I said they won’t be able to change the location. Okay, so the defendants, the cruise company, will not be able to change the location.
SFV Room 200B: Is that what you’re saying?
SFV Room 200B: Because that’s what they want to do. They want to change the location to Florida, which is more favorable to these cruise companies. But that was in the contract? That was the contract.
SFV Room 200B: So they will be able to change the location, because the parents signed that off with child’s behalf. So you’re saying because the parents signed, then they agreed to it, they can change… Yes. …the location? Okay. Who says otherwise? Sir?
SFV Room 200B: Would it be because since she’s a minor, she’s the only one who can void the contract, and that they’re not allowed to change their terms since they’re not the minor?
SFV Room 200B: Anybody else? I don’t see the blanket can’t do anything, because, like,
SFV Room 200B: the parents, like, signed, I mean, basically when they bought the ticket, it’s on the behalf of the child as well, and then there’s a clause so that the minor is also bound by that clause. There’s nothing here that, because of him being a minor, that, like, you know, has,
SFV Room 200B: There’s no reason for the fact, because he’s a minor, like, it caused in the contract to not be enforceable.
SFV Room 200B: That’s how I see it.
SFV Room 200B: Because otherwise, then every kid will go and see, like, you know, situation like this.
SFV Room 200B: Anybody else?
frantzbiamby: So I was thinking that just because it’s a minor, like Dr. Putin said, that it wouldn’t matter.
frantzbiamby: about the change of venue, because that’s not one of the stipulations in order for a change of venue. And also, the ticket says that any…
frantzbiamby: Suit for damages would be in Dade County, Florida.
frantzbiamby: So the parents… Should be… should have that honored.
SFV Room 200B: Okay, so the court said.
SFV Room 200B: A minor cannot claim the benefit of the contract, and at the same time disaffirm a portion of it.
SFV Room 200B: The court went on to say.
SFV Room 200B: It’s, unassailable general principle that,
SFV Room 200B: the ticket, the contract, the ticket, the court calls the contract was brought… bought by the parents. The theory is that the parents bought it as a gift for her. She did not buy it. In other words, the miner did not purchase the ticket herself.
SFV Room 200B: Somebody else did, and the somebody already agreed to the jurisdiction, I think that’s pretty much what you were saying, and therefore, they don’t get to change anything.
SFV Room 200B: Okay, that’s pretty much what the court said, and it’s a real case from 2022… 2002.
SFV Room 200B: Sorry. All right, let’s do problem 3.
SFV Room 200B: A 17-year-old high school senior in New York has been accepted by Berkeley.
SFV Room 200B: Ace Airlines offers a discount flight for persons under 18 for $150, one half of the adult fare.
SFV Room 200B: To attend a school, the student, who cannot afford $150, misrepresents his age in order to obtain a full fair ticket, costing $300.
SFV Room 200B: We should get a slab.
SFV Room 200B: from the airline on its Fly Now, Pay Later plan. This plan is only available to adults. Upon arrival in San Francisco, the student’s mother gives the student $200, as she has previously promised, to reimburse him for the cost of the flight.
SFV Room 200B: The student then disaffirms the contract, and the airline brings suit. What results?
SFV Room 200B: He should kick his ass out.
SFV Room 200B: I would say the student wouldn’t prevail because he acted in bad faith.
SFV Room 200B: You mean the kid acted in bad faith? Yeah. How many kids do you know that act in good faith? I don’t know many.
SFV Room 200B: Usually, that’s a good point, but I want to tell you in the context of our… of what I covered, it’s usually the adults
SFV Room 200B: Or the establishment that they hold to see if they lied, or cheated, or, was dishonest.
SFV Room 200B: Or was committing fraud.
SFV Room 200B: There was a one-sided contract. They don’t look to the minor to see if the kid lies. Yes. Kids lie all the time. I’m sure I went to so many clubs when I was 17, and I was… I’m sorry, I was 21.
SFV Room 200B: You know, but I was really 16, 17. I was using my brother’s ID.
SFV Room 200B: All the time.
SFV Room 200B: Here and in Nevada. I was lying every day. Isn’t that misrepresentation?
SFV Room 200B: Is it that the miner incurred the benefits of the contract, so that you can’t disaffirm the…
SFV Room 200B: Payment aspect of it.
SFV Room 200B: Okay.
SFV Room 200B: Anybody else?
SFV Room 200B: Isn’t that age misrepresentation? Is it what? Misrepresentation. Of course it is!
SFV Room 200B: 100%. The question is, what happens? Isn’t he the one who, like, misrepresented to himself? He’s the brat. Yeah. But what happens when he wants to disaffirm the contract?
SFV Room 200B: Would it get this affirmed? No, I don’t think it will, because, like, the other party didn’t know about this, for example, and he was the one who…
SFV Room 200B: Like, he wants to bring an action to the other side, or what’s the cause?
frantzbiamby: Professor, I was gonna say,
frantzbiamby: Even though it was a gift from the…
frantzbiamby: grandmother of $200, as, him being 17, turning 18, he should have done better to make the contract, right, by paying the restitution.
SFV Room 200B: Based on what we talked about so far.
SFV Room 200B: Like, if a minor can disaffirm a contract.
SFV Room 200B: That is not for necessities of life, and I don’t think this one is, even though he’s going to Berkeley.
SFV Room 200B: I don’t think it’s a necessity of life.
SFV Room 200B: Right?
SFV Room 200B: So, can he disaffirm based on that understanding of what types of contract he can disaffirm?
frantzbiamby: No.
SFV Room 200B: Sure, he’s a liar, but he’s a minor, nevertheless.
SFV Room 200B: Right?
SFV Room 200B: Unfortunately, the answer is yes, he can disaffirm.
SFV Room 200B: But…
SFV Room 200B: The court says, on disaffirmance, the infant must return any consideration received and still possesses or anything tangible to the consideration.
SFV Room 200B: And,
SFV Room 200B: And then the court says the reimbursement, however, exceeds the reasonable value of the infant’s fare, which is $150. If the reimbursement is traceable to a consideration, it would appear that the airline should receive $150, the value of the flight.
SFV Room 200B: Rather than $200 received as reimbursement, or $300 the value of the adult fare.
SFV Room 200B: Interesting. That’s why we’re going through these questions, because the answer is really not that easy. But think about it in… I’ll get to you in just a minute. Think about…
SFV Room 200B: Cases with minors, in several steps. First.
SFV Room 200B: Is this a person a minor? Okay, yes. General rule is that the contract is voidable. Voidable.
SFV Room 200B: What contracts are not voidable, those by statute, as I said, student loans, you know, I’m guessing tax, I’m joking.
SFV Room 200B: Student loans, you know, insurance contracts, etc. And then there are certain contracts that involve necessities of life, in which case you can disaffirm, but you still have to pay restitution, reasonable value of the services that you provided, or that which you destroyed, you have to pay for.
SFV Room 200B: Right?
SFV Room 200B: Then we get to these type of contracts, which is airfare.
SFV Room 200B: And…
SFV Room 200B: I would suspect that the safest way for you to tackle this is to say, hey, this is not a necessity of life, so yeah, he can disaffirm, he’s a minor, nevertheless.
SFV Room 200B: I never taught you any rule that if the minor lies, he’s screwed. I never said that tonight, did I? So, no.
SFV Room 200B: Minors… the courts understand minors… Pulled many studs.
SFV Room 200B: Right?
SFV Room 200B: So…
SFV Room 200B: If we start with that principle and you go down the line in that manner, even if you argue that he lied.
SFV Room 200B: Therefore, the court may hold him to pay for the benefits that he received. That would make kind of sense, right? But at least you don’t shoot yourself in the foot by closing the door on the minor. Oh, the minor lied, screw you. We don’t have that rule.
SFV Room 200B: Okay? We just don’t have that rule, yes. In that case, is it enough just to say that, because it’s not a necessity of life, then yeah, that you can disaffirm and just stop there? Yes, except… no, you’re absolutely right. He can disaffirm, except…
SFV Room 200B: He has to pay still for that which he benefited. So, for the benefits he received, he’s gotta pay. Which means that in this case, it would be $150.
SFV Room 200B: Right? Not the full fare, but, you know, what the miner would… should have paid.
SFV Room 200B: Which was… I don’t know, whatever it was, whatever it was. So my point is, that would be the argument, right? That’s why I’m going through the questions, so that you know how we…
SFV Room 200B: Step-by-step analyze an answer, when it comes to a question of, Minors.
SFV Room 200B: Or when he has to pay back for the benefits he conferred.
SFV Room 200B: Would that be…
SFV Room 200B: In a situation like that, is that different than an implied-in-law contract? What do you mean? As a remedy?
SFV Room 200B: Or, can you explain yourself?
SFV Room 200B: Like, if the… like, if he tries to disaffirm that contract. The court is not suggesting implied a law contract. The court is merely saying that the general principle is that the minor has to pay
SFV Room 200B: The benefits that he has received.
SFV Room 200B: So…
SFV Room 200B: It… to make it just. Unjust. Unjust enrichment. Okay. And so, we’re gonna make him do that. That’s all. It would be unfair.
SFV Room 200B: Remember the case law that we did? It basically said, we’re going to balance the right of the minor, who has no capacity to enter into a contract such as this, versus the poor motorcycle dealer. Imagine, in the 1920s, how many motorcycles were out there?
SFV Room 200B: It’s the 20s, I guess they just arrived, right? I think, based on a little history that I know.
SFV Room 200B: 300 bucks in the 1920s. That’s like, I don’t know, $30,000? Whatever. It’s a lot of money.
SFV Room 200B: So the court is like, wait a second, not so fast, punk!
SFV Room 200B: You know, you don’t get to go enjoy and destroy the bike and then come and say, give me my money back.
SFV Room 200B: Not so fast.
SFV Room 200B: So I guess they had the wisdom, even at the time, to say, no, no, no.
SFV Room 200B: Okay. Professor? Yes. Yeah, I’m so sorry, I think you had your hand raised. If it is based on fraud, isn’t that void already, not voidable? You’re saying if the contract was based on fraud to begin with… Fraudulent misrepresentation, basically. By whom? By the minor.
SFV Room 200B: Because he… Why would the contract be void?
SFV Room 200B: just because… He lied about it. He’s a minor.
SFV Room 200B: Also, it does not… oh, okay, I see what you mean.
SFV Room 200B: All right.
SFV Room 200B: The airline has an obligation to do whatever they have to do to make sure
SFV Room 200B: The point is that that’s the whole point of protecting minors, because they make stupid decisions, right? That’s the whole idea. I mean, I understand, I’m with you. I think if the miner lied, smack him in the head and say, you’re lost, funk. But, sorry, I don’t get to…
SFV Room 200B: passed the laws, right? But he’s still liable for a tort, right? I’m sorry? He’s still liable for a tort. He’s liable for the damages he may have caused, sure, absolutely. That’s what the courts say. That’s… that’s the modern trend.
SFV Room 200B: is that, you have to pay restitution. Whatever damages you caused, or out-of-pocket expenses, you need to reimburse.
SFV Room 200B: Okay? But the court understands that minors do crazy stuff.
SFV Room 200B: They’re minors!
SFV Room 200B: Right? Haven’t you? I bet you we all have, right? I’ve crashed several cars, totaled at least 5-6 cars. I wouldn’t do it now, but at the time, I used to come home, and my dad was like, again? That was last week! I’m like, but this time, it wasn’t my fault. And then the following week, it wasn’t my fault either.
SFV Room 200B: you know, we were… even when I was, like, 21, I remember they called me
SFV Room 200B: LAPD called me up, the brass called me up, and they said, is this your…
SFV Room 200B: rap sheet of traffic tickets, like, so many traffic tickets, and they said, I was 4 months in the academy.
SFV Room 200B: He said, if you get another ticket, you’re out. Come on, bye-bye. I got another ticket.
SFV Room 200B: Oh, my God. Yeah, the officer didn’t show up. He had his… I begged him, I cried, I literally cried.
SFV Room 200B: And he was LAPD. I said, listen, I’m in the academy, if I… if I get one more ticket, I’m out. He said, I don’t care, I have to do my job. But he didn’t show up. Had he shown up, I probably would have been kicked out.
SFV Room 200B: That’s just being stupid and young.
SFV Room 200B: You know, I wouldn’t do that now.
SFV Room 200B: Yes. I think even if this was fraudulent misrepresentation, I think it would be voidable versus void, because… Yeah, I would always say voidable. There’s nothing automatic about it.
SFV Room 200B: Yeah. Contracts that we call void are contracts that are basically against public policy. So if you enter into a contract with a minor to
SFV Room 200B: Latans, 100% void, have an issue, right? Contracts sell drugs? Void.
SFV Room 200B: Right? Contract to kill someone? Void.
SFV Room 200B: Contract to beat somebody up? Void.
SFV Room 200B: It’s not voidable, it’s void because…
SFV Room 200B: of public policy. Or if it’s, like, fraud in the factum and execution.
SFV Room 200B: Well, again, void… assuming that you can prove all that, absolutely. But in a case like this, I would start by saying that contract may be voidable.
SFV Room 200B: But mostly for the benefit of the minor. Again, the minor that has no capacity to enter into contract, court doesn’t really punish.
SFV Room 200B: It’s the adult that gets punished.
SFV Room 200B: Unfortunately.
SFV Room 200B: You should have known better.
SFV Room 200B: Right?
SFV Room 200B: I bought a, CB160 motorcycle, 15 years ago.
SFV Room 200B: And I remember the father came out and said, you have to deal with my son. It’s his bike.
SFV Room 200B: And his son is like… Barely 4 feet long.
SFV Room 200B: I’m like, sir, with all due respect, no.
SFV Room 200B: I can’t do that. I was a lawyer already. Said, I can’t do that, it’s illegal.
SFV Room 200B: He says, what do you mean? He sees Blake. I’m like, I don’t care.
SFV Room 200B: Either you sell it to me, or I’m not buying. I said yes, because he can easily turn around and say, I want my money back. I want my bike back.
SFV Room 200B: Easily, and I know I would have been screwed. I mean, can you imagine the heightened duty of care as a lawyer? Don’t… you don’t know? He’s, like, literally 4 feet.
SFV Room 200B: I don’t even know how long, I remember 13, 14 years old. I’m like, I’m not doing that, I’m sorry.
SFV Room 200B: I made him sell… himself, to me.
SFV Room 200B: I said, first of all, the title is not under your son’s name, it’s under your company name. Secondly, I’m not going to deal with him. I understand you want to make him…
SFV Room 200B: Feel great. That’s all good. You’re selling it to me, or I’m not buying.
SFV Room 200B: And I explained to him as best as I could what the law says.
SFV Room 200B: Okay? He somehow thought his son is special.
SFV Room 200B: You can sell a bike.
SFV Room 200B: No, we can’t.
SFV Room 200B: Okay.
SFV Room 200B: Problem 4. On March 1,
SFV Room 200B: What the hell is that? Went to a Rolls-Royce dealer and bought a Silver Cloud with cash.
SFV Room 200B: The deal went smoothly and was fair. ICRIS immediately attempted to drive the cloud.
SFV Room 200B: And the car was destroyed in a crash.
SFV Room 200B: Icarus’ executive brought suit to recover the purchase price. During the trial, it was established that Icarus had been incompetent since February 1.
SFV Room 200B: Although no adjudication of the incompetence had been made.
SFV Room 200B: A, what results? B, what result if Acres had been adjudicated incompetent, and a guardian of his property appointed on February 1?
SFV Room 200B: Meaning, on the day of before the purchase.
SFV Room 200B: Anybody?
Cameron Smith: I’ll give it a shot, Professor.
Cameron Smith: I think the number one thing that would need to be determined first is,
Cameron Smith: the… one of the tests for, insanity, so either a cognitive test or a product test. Because it wasn’t adjudicated, they would need to, I’m assuming, prove that first?
Cameron Smith: And then… If he had been adjudicated, and the guardian of…
Cameron Smith: this property was appointed on February 1st. I’m assuming there would be some type of responsibility on the parent, since they were responsible for that.
SFV Room 200B: Yes, ma’am? I think, like, the cognitive test fails because there’s no, forward adjudication or, like, actual analysis, and then the product also fail, because the other party wasn’t aware of it.
SFV Room 200B: So then I would say, like, not doing anything. Very nice!
SFV Room 200B: If, under Scenario A, normally, if the incompetent executed the contract.
SFV Room 200B: It’s… if the contract is fair, on its terms, and the party has no reason to know or should know of the incompetence, the transaction will not be de-asserved.
SFV Room 200B: disaffirmed unless the status quo can be restored. In other words, unless they can literally disaffirm without any loss. In this case, because the car was destroyed.
SFV Room 200B: Too bad, so sad, too late, cannot be. That’s under Scenario A. Under Scenario B,
SFV Room 200B: The transaction is void, and the guardian or the executor may recover the purchase price.
SFV Room 200B: If the car had not been destroyed, an innocent seller could reclaim the vehicle.
SFV Room 200B: If the car were deemed a necessity, the seller could recover the fair value of the car, despite the fact that the content is… contract is void.
SFV Room 200B: So, again, if it’s necessity of life, the dealer can recover, Restitution, right?
SFV Room 200B: Even though, the contract is void, fair value would be restitution, right?
SFV Room 200B: And if the car had not been destroyed, an innocent seller could reclaim the vehicle.
SFV Room 200B: That’s under second scenario. Let’s go to C…
SFV Room 200B: See what that says. Yes, ma’am? Can a Rolls Royce be a necessity? Well, I don’t know. I mean, it really depends on the facts. Is that maybe the only dealership, within 500 miles, and they only sell Rolls-Royce?
SFV Room 200B: To do Uber Eats with a Rolls Royce, I don’t. But I saw somebody with an SL500 bring Uber Eats at one time, and I was like, dude, do you… and I didn’t say it. I was gonna say, do you have to do this?
SFV Room 200B: Is the car that important? Because they’re a top driver? I guess. Okay. So, the question. I mean, yeah, I would say the Rolls Royce is not, but…
SFV Room 200B: I’m actually glad you brought that up.
SFV Room 200B: Because if you’re making an analysis and we’re trying to score points, with a grader.
SFV Room 200B: Shouldn’t we bring everything up that we think is important, which is, hey, if it’s the necessities of life.
SFV Room 200B: then it’s treated differently, but, as you said, it appears that a Rolls Royce is very likely not a necessity of life.
SFV Room 200B: Right? So you score points, telling the reader or the grader, I do know what I’m talking about.
SFV Room 200B: Right?
SFV Room 200B: If it was a UGO,
SFV Room 200B: Do they still sell Yugos? Yeah, they’re making a new one right now. Are you joking? I swear. Under that name? In the US, yeah. Oh my god, what’s a Yugo? It’s a car that used to explode a lot. I’m from Macedonia, so in Yugoslavia. Really? They’re still around. They’re still around. I know in many countries they are, but in the United States, I think they were… they were getting rear-ended, and they would explode suddenly.
SFV Room 200B: And you would be crisp in it. They still work today, a lot of them. Yeah, they do. I… we had a client
SFV Room 200B: We had a client, he was burned
SFV Room 200B: to death in, in the U-Haul.
SFV Room 200B: And the truck that hit it was a Coca-Cola truck.
SFV Room 200B: And, so we… again, I was working for a law firm.
SFV Room 200B: And, we went to Mexico, because the defense wanted to take the deposition of the family, the family members.
SFV Room 200B: And so I had a… I had a beautiful two weeks in Mexico, all paid for.
SFV Room 200B: And, but I never forget the images, the photos. It was very, very bad. I mean, he literally burned all the way
SFV Room 200B: he was part of the metal. You could see a shadow of a person that was basically burned to the crisp.
SFV Room 200B: It was all the… so we sued not only the Coca-Cola company that
SFV Room 200B: Rear-ended him, the trucking company, as well as the manufacturer.
SFV Room 200B: It was a battle that went on for years, and my boss was a genius.
SFV Room 200B: The problem was, and I’m not joking, this is serious, the defense lawyer was saying.
SFV Room 200B: He was illegal in the country, and he was making, at the time, I think, $7 or $8. He’s not worth anything, counsel.
SFV Room 200B: I swear to God, I’m not joking. He literally said that. Not only he said that, he said it in the middle of a deposition. He said it on the record. He said he’s not worth anything. No way. Or much. Swear to God, I just never forget it. That’s crazy.
SFV Room 200B: And I was like, whoa, we need a break, because I was gonna cuss, stop myself, I said, we need a break.
SFV Room 200B: I came up, and my boss said, shut the hell up. We’re gonna keep that for trial. Don’t say anything.
SFV Room 200B: Let it be.
SFV Room 200B: And he was right.
SFV Room 200B: And that was another reason why I think they paid more money.
SFV Room 200B: Because they were afraid that if that statement somehow gets in, I’m sure they could stop it from coming. But if that would come in without a jury.
SFV Room 200B: He’s not worth any less, he doesn’t make enough money. The truth is.
SFV Room 200B: If you make more money for your family, you’re worth more. It’s just the way he said it was very stupid, right? Yeah. Because if you’re a lawyer and you make, you know, 2, 3, 4, 5 million dollars, and then you end up dead, of course you’re worth a lot more than somebody who makes 20 bucks an hour. That’s a fact.
SFV Room 200B: You’re providing for your family at a different level. But to say it like that, that was just so stupid.
SFV Room 200B: You know, and I remember that evening, I said, we need to go smoke a cigar. I’m pissed!
SFV Room 200B: And since you told me to shut up, you gotta buy the cigarette, and… He always…
SFV Room 200B: Okay, yes. If you don’t mind, could you restate? I don’t mind.
SFV Room 200B: A, the answer? Restate A. Yes, please. Okay.
SFV Room 200B: Normally, if the incompetence executes a contract, and the contract is on fair, fair terms, and the other party has no reason to know of the incompetence, which I think is something you said.
SFV Room 200B: The transaction cannot be disaffirmed.
SFV Room 200B: Unless the status quo can be restored. In other words, no loss whatsoever. In other words, the only way to do it is the Rolls Royce has not been moved, it’s still sitting there, and you go, okay, you take your car back, you take your money back.
SFV Room 200B: Everybody go your way. That, that is possible. Otherwise, no disaffirmance, in a situation like that.
SFV Room 200B: Okay?
SFV Room 200B: Under the third hypothetical, the dealer would have to make restitution
SFV Room 200B: even though the car was destroyed, because the dealer would have had notice of the decedent’s incompetence. So let’s take a look at…
SFV Room 200B: what C was. Would the result be different, assuming no prior education of the incumbents, if, when paying, Icarius had made proper planes
SFV Room 200B: of the money.
SFV Room 200B: And with each plane that landed successfully in the dealer’s cash register, jumped up and down, shouting.
SFV Room 200B: Not even the sun will stop me now.
SFV Room 200B: Oh, because it’s like an Icarus stroke. Yeah.
SFV Room 200B: Stupid question, I think. But anyway, he says, under this hypothetical, the dealer would have to make restitution, even though the car was destroyed, because the dealer would have had notice of the decedent’s incompetence.
SFV Room 200B: Thanks.
frantzbiamby: Professor, for the last one, would we mention insanity?
SFV Room 200B: Yeah, I would suspect that I would bring it up, absolutely.
SFV Room 200B: At least, maybe temporary anxiety, perhaps, I don’t know. But I would certainly bring it up, absolutely.
frantzbiamby: Okay, thank you.
SFV Room 200B: Okay.
SFV Room 200B: Let’s go to parole evidence.
SFV Room 200B: And, what is in store for us?
SFV Room 200B: I have so much to say on the parole evidence, you probably are going to leave with a headache, but…
SFV Room 200B: There has to be said.
SFV Room 200B: Okay.
SFV Room 200B: First of all, Coral evidence is not an evidentiary rule. It’s a substantive rule.
SFV Room 200B: That’s number one. It’s not a rule of evidence.
SFV Room 200B: They call it coral evidence only because the evidence
SFV Room 200B: Under certain circumstances, will not come into court.
SFV Room 200B: Okay.
SFV Room 200B: But it’s not a rule of evidence, it’s a rule of substantive law. Just… just like port law, for example.
SFV Room 200B: It’s not an evidence law.
SFV Room 200B: Now, where the parties have
SFV Room 200B: Where the parties to a contract have expressed that agreement, and have…
SFV Room 200B: And a writing that is intended to be the final expression of their agreement Or are of their bargain.
SFV Room 200B: We call that an integration.
SFV Room 200B: Let me repeat, were the parties to a contract expressed that agreement in writing.
SFV Room 200B: with the intent, and the intent is the key word here. It’s the intent of the parties.
SFV Room 200B: Who determines the intent? The judge, not the jury. The judge gets to decide.
SFV Room 200B: what the intent of the parties was. If the intent of the parties was that this contract, this written instrument.
SFV Room 200B: Embodies the final expression of their bargain.
SFV Room 200B: We call that writing an integrated writing.
SFV Room 200B: or an integration.
SFV Room 200B: Any other expression.
SFV Room 200B: Any other expression.
SFV Room 200B: Written or oral?
SFV Room 200B: Made prior to, in writing, As well as any oral expression.
SFV Room 200B: That is contemporaneous with the writing. In other words, at the same time with the writing.
SFV Room 200B: is inadmissible Inadmissible to vary the terms of the writing.
SFV Room 200B: It will not come in.
SFV Room 200B: The reason is because the court wants to have
SFV Room 200B: To carry out the apparent intention of the parties.
SFV Room 200B: And facilitate a judicial interpretation of the contract. So therefore, they say, look, if the contract appears to be full and complete, why the hell do we allow
SFV Room 200B: Evidence of any contemporaneous talks and discussions to come in.
SFV Room 200B: For the purposes of… Varying or adding to the terms of the contract.
SFV Room 200B: Okay? You will find out that parole evidence is not for all purposes.
SFV Room 200B: But only for this. For other purposes, it sure will come in.
SFV Room 200B: Contemporaneous statements may come in to show that the contract was complete bullshit. It was not a real contract, we just did it because we wanted to fool somebody.
SFV Room 200B: Right?
SFV Room 200B: So, again, Let me repeat…
SFV Room 200B: Coral evidence prevents Supplementing, explaining, or contradicting terms
SFV Room 200B: That are written or contemporaneous to a writing that appears to be a full integration.
SFV Room 200B: The contract that is written and is fully integrated, meaning it’s the final expression of the… of the party’s
SFV Room 200B: intentions. Yes.
SFV Room 200B: In fact, let me go to my… Definitions.
SFV Room 200B: And… twice.
SFV Room 200B: Okay.
SFV Room 200B: Let me give you a definition for parole evidence. We’re probably going to be better off if I start there.
SFV Room 200B: Coral Evidence Rule bars the admission of evidence
SFV Room 200B: This is the definition of parole evidence.
SFV Room 200B: Parole Evidence Rule bars the admission… by the way, it’s not parole like parolee.
SFV Room 200B: It’s… some… some lawyers, some scholars call it parole, believe it or not. Parole. I say parole because…
SFV Room 200B: I don’t know if I want to say parallel, but I’ve heard professors say parole.
SFV Room 200B: Pro-evidence rule bars the admission of evidence if, number one, There is a valid contract.
SFV Room 200B: Number two… It’s an integrated writing.
SFV Room 200B: Total or partial?
SFV Room 200B: Total or partial? We’re going to talk about that.
SFV Room 200B: The evidence is prior or contemporaneous, to the righty.
SFV Room 200B: And it’s being introduced to contradict the writing.
SFV Room 200B: I will repeat.
SFV Room 200B: Somebody told me.
SFV Room 200B: We like your teaching style because you repeat so many times, and I said, I have a 4-year-old, I’ve learned to repeat 50 times. Put your shoes on! Put your shoes on! Put your shoes on for half an hour.
SFV Room 200B: Pearl evidence rule. Bars the admission of evidence if, number one, there is a valid contract.
SFV Room 200B: The contract is an integrated writing.
SFV Room 200B: Total or partial?
SFV Room 200B: Number 3, the evidence is prior or contemporaneous as to the writing. And number four is being introduced to contradict that writing.
SFV Room 200B: Well, contradict for now, because we said Torah and partial.
SFV Room 200B: Because if it’s a partial integration, there are some… the rules change a bit, right?
SFV Room 200B: Now, I want to tell you.
SFV Room 200B: Let’s talk about this for a second.
SFV Room 200B: Because this happens a lot.
SFV Room 200B: Where students make a mistake, Parties enter into a valid written contract that appears to be a full integration.
SFV Room 200B: Two seconds after they enter into the contract.
SFV Room 200B: They talk about this new additional term.
SFV Room 200B: They just talk about it. Both of them say, agree, shake hands.
SFV Room 200B: And one of them is suing…
SFV Room 200B: And the other one says, wait a second, Your Honor, parole evidence, that evidence does not come in.
SFV Room 200B: You’re shaking your head, tell me why. It would be a contract modification, because it’s after the contract was formed. Excellent. That is a modification. Anything that happens after contract formation has nothing to do with parole evidence. If you make that mistake, I will find you.
SFV Room 200B: I’ll come to your home.
SFV Room 200B: And your work.
SFV Room 200B: Because you know why?
SFV Room 200B: I gotta tell you, honestly, I just said this, and 15%, roughly, get it wrong.
SFV Room 200B: Based on years of experience doing this.
SFV Room 200B: Which is shocking to me.
SFV Room 200B: Anything that happened after the parties entered into a contract.
SFV Room 200B: is not parole evidence. I don’t care what they did.
SFV Room 200B: It’s only prior to, or contemporaneous to, entering into the contract.
SFV Room 200B: The Greek?
SFV Room 200B: Okay.
SFV Room 200B: What about accordance satisfaction?
SFV Room 200B: Is that subject to parole evidence?
SFV Room 200B: So…
SFV Room 200B: No, it happens after the contract. There is a dispute between the parties. They want to resolve the dispute, right?
SFV Room 200B: There’s a genuine dispute.
SFV Room 200B: Then you enter into an accordance satisfaction. It’s a form of…
SFV Room 200B: Right. It’s a… yes, but also it’s a form of… Yes!
SFV Room 200B: According to satisfaction is a form of modification. Yes. Because what the terms of the contract was, they just changed it.
SFV Room 200B: They agreed to a different fee.
SFV Room 200B: Deal? Alright, so according to satisfaction is also a modification. Now.
SFV Room 200B: Now that we have a fairly better understanding, so let’s talk about an example.
SFV Room 200B: I go to… a car dealership.
SFV Room 200B: I buy a car.
SFV Room 200B: We enter into… we are about to enter into the agreement.
SFV Room 200B: And the… and the dealer says, hey man, if you sign on the dotted line, I will give you…
SFV Room 200B: 4 years of additional warranty at no cost.
SFV Room 200B: Then I go, oh, awesome, awesome, I’ll sign. I’ll sign.
SFV Room 200B: The document is a fully integrated document.
SFV Room 200B: But there is absolutely no mention of this four-year warranty.
SFV Room 200B: Because I was stupid enough, Not to say, put it in the contract.
SFV Room 200B: Or I didn’t pay attention because I was excited. Whatever.
SFV Room 200B: then I want to sue to enforce the 4-year additional warranty. What happens?
SFV Room 200B: We would not be able to bring that oral agreement into evidence, because it happened either prior or during the signing in the final… Contentrane
SFV Room 200B: Agreement. Very, very good. That is exactly what’s gonna happen. Yeah. Even though there is 50 people that saw him say it.
SFV Room 200B: Because of parole evidence, it will not come in.
SFV Room 200B: absent some other argument, okay? But as far as the parole evidence is concerned, because the court will ultimately make a final decision and say, well.
SFV Room 200B: this 1200-page agreement between you and the dealership, you know how long these stupid things are? It’s like, she keeps saying, sign here, sign here, sign. I was like, Jesus, if I was buying a house, it would be less signatures.
SFV Room 200B: You know? I swear to God, I think I signed 30 times.
SFV Room 200B: That appears to be a fully integrated contract.
SFV Room 200B: Too bad!
SFV Room 200B: You should have told them to put it in there. You didn’t? So sad, you’re not going to get the benefit. Oh, that’s different.
SFV Room 200B: Yeah, okay, so we’re talking about… so, again, I could potentially bring up fraud cause of action, or… so, if I have a written evidence, even though we just said any written or oral contemporaneous does not commit, right?
SFV Room 200B: But if there is a writing, there is some other argument. So one of them is, potentially, you can say this was collateral. It was a collateral contract, which we’re going to talk about.
SFV Room 200B: A collateral contract, you know about collateral contracts.
SFV Room 200B: Don’t you? I just had a question. You had a question.
SFV Room 200B: I figured since you’re… it seems like you’re ahead, one step ahead, which is good. I like that.
SFV Room 200B: You get a lot more if you’re one step ahead, believe it or not. That’s why we all insist on you reading the cases, and if you noticed, I’m always behind all of you briefing the cases.
SFV Room 200B: Because if you don’t have a chance to read the case, you’re not going to be in a great position to understand it.
SFV Room 200B: So, a collateral contract, which we will get into a little later, you will see that it’s kind of a small contract. It’s like a little nothing contract compared to the real contract, but because it’s writing, there’s a writing, I can say, this is a collateral contract, stick it in that way, and sue for it, okay?
SFV Room 200B: But short of…
SFV Room 200B: that argument, yeah, if it’s a statement that is a written prior written statement, or a contemporaneous oral statement, it will not come in. Why? Why is that?
SFV Room 200B: Think about it. It’s like, why is it that if there is even a prior written agreement, it doesn’t come in? Why?
frantzbiamby: Because if the parties agreed, it would be in the contract, instead of making it… The statement contemporaneously?
SFV Room 200B: If there is a prior written contract or written document, it will not come in to contradict the terms of a fully integrated contract. Why is that?
SFV Room 200B: What’s the rationale, is what I’m asking.
frantzbiamby: Because it would be added into… any modification would be added into a new contract.
SFV Room 200B: We’re not talking about modifications, sir. Would it be a partially integrated writing? But I understand what he said on Zoom.
SFV Room 200B: Do you finish, and then I’m going to talk about… It would need to be a partially integrated writing, because then it could supplement the writing, but not contradict the writing. Right. But, so, but if it’s a fully integrated contract, I think the gentleman that was speaking on Zoom was not off-base. What he was saying is.
SFV Room 200B: You could argue that that con… that was basically
SFV Room 200B: later modified into this fully integrated contract, right? And so, there is no reason for that prior writing to come in, because this is a fully integrated contract, and therefore, if we wanted that, we would have put it in here.
SFV Room 200B: Now, later on, when I talk about collateral contracts, you will find out that those are something that we usually don’t include.
SFV Room 200B: in this contract, and so we can call it a collateral contract. So the rationale is that it’s essentially, like, it’s like evidence of negotiations that led to the final piece, the final piece. Yes, the court, that is exactly what happens. And honestly, when I sit as a judge pro tem.
SFV Room 200B: temporary judge, and I handle contract cases.
SFV Room 200B: I remind myself of the fact, because you know how litigants are, right? They’re not lawyers, they show up. But, Your Honor, that day he told me this, and then he did this, and then he sent me this text message, and… and then you, honestly, you have 15 minutes to figure all this out.
SFV Room 200B: Plural evidence, and collateral contract, and you can’t explain that to them, because if you do, they’re gonna say, what are you, insane? No, no, I just want my money. I don’t care.
SFV Room 200B: But it literally has to go through my head and come up with an answer in 5 minutes, 10 minutes.
SFV Room 200B: Max.
SFV Room 200B: And it’s… I gotta be honest, it’s difficult if you want to do justice.
SFV Room 200B: Can you get it wrong? Absolutely.
SFV Room 200B: But then I have to ask enough evidence, enough questions to figure out what really transpired.
SFV Room 200B: And so when we’re talking about full integration or partial integration, it changes the rules.
SFV Room 200B: And we’re going to talk about it. You’re going to see it in the case laws. Yes, ma’am? I was thinking that a 4- or 5-year warranty would also be considered as material firm.
SFV Room 200B: I would agree that it’s a material term. Yeah, I would think so, absolutely. You’re buying a car, a 4-year contract, a 4-year warranty, or extended warranty.
SFV Room 200B: I think it’s a big deal, isn’t it? I think most courts would say it’s not really collateral. It’s something that you would include in a contract like this.
SFV Room 200B: Right?
SFV Room 200B: I would. I think most people would. So, if you say it’s collateral, which means that it’s usually not included in the contract, I think it’s a hard sell.
SFV Room 200B: Right? But should you argue it so that you can maybe resolve the case, settle the case for your client? Hell yeah!
SFV Room 200B: Absolutely, you can’t say to your client, oh, you got no case, get out of here.
SFV Room 200B: You don’t do that. That’s not lawyering. That’s a computer.
SFV Room 200B: Glory means… How much are you… do you have to pay? No kidding. Alright.
SFV Room 200B: So, to figure out if the writing is an integration, and this is to continue on Saturday, we’re going to continue with this discussion, but…
SFV Room 200B: The question is whether the writing is an integration.
SFV Room 200B: Of all the agreements between the parties. So you have to break it down like this if you want to find out if this was an integration.
SFV Room 200B: Is the writing intended as a final expression? That’s the first question that you ask, or do you have to answer?
SFV Room 200B: Is the writing intended as a final expression of the bargain?
SFV Room 200B: Second question is, is the writing a complete or partial integration?
SFV Room 200B: Because sometimes you may see that the parties entered into a writing, but they said this is a preliminary writing. And it happens all the time, by the way.
SFV Room 200B: We’re in court, we settle a case.
SFV Room 200B: Surely we don’t have 18 pages of release?
SFV Room 200B: In court, in my pants, I don’t have that. What do I do? Your Honor, do you have those blank release forms? Yeah, we do. Okay, can we have one? Between the lawyers, we literally write something that is preliminary, and we literally say, subject to the signing of a full and complete release.
SFV Room 200B: Which means that is a partial integration.
SFV Room 200B: It’s in writing, oh, hopefully, hopefully, all the essential terms are in there, but it’s only a partial integration. There is going to be an additional… although I used to do divorce cases many, many years ago, 20 years ago, I used to do divorce.
SFV Room 200B: I did a partial integration, and both parties said, screw this, my client and the other party.
SFV Room 200B: And they just basically thought they were both getting screwed.
SFV Room 200B: Which we thought they were just both crazy.
SFV Room 200B: But I never forget, so I decided in divorce cases, screw partial integration. It has to be done in front of the judge, in open court, on their oath, on the record.
SFV Room 200B: Otherwise.
SFV Room 200B: Emotions, then. Okay, yes? I have a question. Can you please explain what’s the difference between partial integration and monthly integration, then? Oh, of course.
SFV Room 200B: When the evidence shows that the agreement is not the final expression of the party’s bargain.
SFV Room 200B: It’s a partial integration.
SFV Room 200B: Okay? Now, what is that evidence? I don’t know. It really depends on… is that what you were gonna ask? Yeah. I can’t answer that.
SFV Room 200B: I can only tell you, I gave you an example right now, that the lawyers wrote a contract that said, subject to writing, a full, release, which is usually, like, 12 to 18 pages long.
SFV Room 200B: Clearly, that document on its face will tell you this is a partial integration. Not everything that we intend is in this contract, right? Is it enforceable? Absolutely. What is the difference between partial integration and full integration? Can somebody tell me, as it relates to parole evidence?
frantzbiamby: Is it, if it’s fully integrated, you can’t, introduce
frantzbiamby: Like, any talks that were made contemporaneously, and partial integration, you can.
frantzbiamby: Because all the facts are not included.
SFV Room 200B: Okay, in class. So, if the writing sets forth the parties agreeing about some of the terms, but not all of the terms, and previously stated things would be admissible, not inadmissible.
SFV Room 200B: And as long as it supplements the writing and not contradicts the writing. As long… very, very good, excellent. That’s all you need to know. If it’s a partial integration, this other evidence cannot contradict, but can supplement.
SFV Room 200B: So, for example, that partial agreement that I signed with the other lawyer in court, which we do all the time, by the way, all the time, it’s not at all out of the ordinary. If you look at it, it’s usually in the handwriting of one of the lawyers.
frantzbiamby: Additionally, I have a question.
SFV Room 200B: To supplement it, but not to contradict it.
SFV Room 200B: But if it’s a fully integrated contract, then what happens?
SFV Room 200B: Can anything come in? Nothing. Nothing can come in. Not even to supplement it. Can it come in to show that this contract was a complete fraud?
SFV Room 200B: Absolutely.
SFV Room 200B: Can it come in to show that this contract was not really a contract at all? Absolutely. Any other purpose, yes. Except to supplement
SFV Room 200B: or to contradict. Understood? Crawal evidence has nothing to do with any other form of introduction of this evidence.
SFV Room 200B: Okay? People get into contracts for fraudulent reasons.
SFV Room 200B: You know that, right? They want to screw the bank, they sign contracts, oh, I just sold my business to you for $5 million, the guy gets a loan, screws the bank, it’s a bullshit contract. It was never a contract to begin with. They knew it, nobody else knew.
SFV Room 200B: Can evidence come in to show that this contract was a bogus contract to begin with? Absolutely!
SFV Room 200B: Plural evidence does not stop fraudulent evidence of fraudulent conduct to show up in court.
SFV Room 200B: Only when it comes to
SFV Room 200B: Supplementing or contradicting the terms, only because the courts want to have a final say on a written instrument. That’s all. Partial agreement? Okay, you can supplement it.
SFV Room 200B: Full integration, good luck.
SFV Room 200B: You had a question, ma’am? Oh, you answered. Okay, you’re welcome. Yes. Can you give your example again of the 4-year warranty thing?
SFV Room 200B: Okay, so as best as I can explain it.
SFV Room 200B: We’re negotiating purchasing a car.
SFV Room 200B: In fact, let me just give you the real example.
SFV Room 200B: The negotiating the car that I just bought.
SFV Room 200B: I, I negotiated and purchased
SFV Room 200B: 3 more years, up to 75,000 miles of warranty on the car.
SFV Room 200B: Right? Plus tire and rims and all that bullshit.
SFV Room 200B: Came out to, like, 8 grand.
SFV Room 200B: Had we talked about it, and not put it into the contract itself.
SFV Room 200B: We talked about it, let’s say, and I said, okay, I’ll pay $8,000 cash.
SFV Room 200B: And I paid him the money.
SFV Room 200B: But it wasn’t into the… integrated into… it wasn’t written into the contract. And this appears to be a fully integrated
SFV Room 200B: Hondra.
SFV Room 200B: Later, I want to enforce That 3-year additional warranty.
SFV Room 200B: the court might say, I’m sorry, Mr. Kate, that is a parole evidence. It’s barred by the rules of parole evidence, because
SFV Room 200B: I’m looking at your 18, 19-page, 20-page contract. It appears to be the full integration.
SFV Room 200B: Because it’s a full integration, I, as a matter of law, am ruling.
SFV Room 200B: That anything else that you guys talked about, be it 5 people witnessed it, I don’t give a damn.
SFV Room 200B: It’s inadmissible because it’s something that parties usually would put into a contract that is fully integrated.
SFV Room 200B: Yours is missing, and so too bad, so sad. And by the way, I have no evidence to prove that I paid for it. It would be a little different, because then again, there is other avenues open to you. There is always a way. Just don’t ever tell me there is no way.
SFV Room 200B: I’ve found a way. Like this dentist that I sued that I told you guys about, the lawyer called me today to meet and confer because she wants to find another
SFV Room 200B: Motion to strike and debur, right?
SFV Room 200B: And she says, all we do is dental malpractice, which is true, that’s what their firm does. We have never seen this stuff that you put in here, as far as causes of actions. I said, well, that’s good, that’s the first time. There’s the first time for everything. And she said, counsel, I’m not joking. I said, neither am I, ma’am.
SFV Room 200B: The doctor’s a crook, I’m gonna teach him a lesson. That’s it. You’re not gonna get away with just dental malpractice. Screw that. I said other stuff. Very colorful stuff on the phone. I can’t repeat. Yeah. I said, make sure you let him know that I’m gonna get him.
SFV Room 200B: But you know what?
SFV Room 200B: Now, whether I get him or not, doesn’t matter. I will destroy his life for the next 3 years, and this is going to be plastered everywhere, because it’s filed in court, anybody can see it.
SFV Room 200B: And the allegations are so detailed, it literally shows a real crook doctor. So I’ve already destroyed him anyway.
SFV Room 200B: In so many ways.
SFV Room 200B: I don’t even know why I said that. Allegedly. I’m sorry? Allegedly. Allegedly. Yes.
SFV Room 200B: Are you trying to figure out if it’s a total integration?
SFV Room 200B: Barring… besides, like, obviously it stating that this is the final assent of our agreement, what are there some types of… The intent of the parties.
SFV Room 200B: So the best way that I can answer your question is to say, look at the intent of the parties. You can also look at custom and practice, right? Custom and practice. What do parties usually enter into? What type of contracts they enter into when they purchase and sale
SFV Room 200B: oil between countries. I don’t know, I’m just using it as an example, right? So, again, the looks… the court looks to the, I literally gave you
SFV Room 200B: the definition is the intent of the price. The court wants to
SFV Room 200B: enforce the final full expression of the parties. So the court says, well, let me take a look at this and see if this contract appears to be full integration of the party’s intent. If it is, this is all you’re gonna get.
SFV Room 200B: Sorry, Mr. Kate, that you had this, you know, 3-year contract discussion, the additional warranty. Too bad.
SFV Room 200B: If you have ever bought a car, I’m sure you all have, there is something called due bill. Have you seen that? It’s… they literally write, okay, we owe you a keychain, or something, or they put nothing, none. They make you sign it.
SFV Room 200B: For that reason.
SFV Room 200B: Because you can’t later come and say, they promised me this, they promised that, they didn’t put in the contract, they screwed me, they committed fraud.
SFV Room 200B: They’re gonna say, no, look at this, you see? You signed, we don’t owe you anything.
SFV Room 200B: And it has happened at least a couple of times to me.
SFV Room 200B: I said, wait a second, didn’t you say you’re gonna furnish wheel locks? Yeah, put it in here.
SFV Room 200B: I know it’s, like, 110 bucks, I don’t care.
SFV Room 200B: I’m a whiff. It’s gotta be in here.
SFV Room 200B: I don’t say that to them. I say it to myself. Just, just, could you please write that down here?
SFV Room 200B: Right? Just because I don’t want to have any disputes.
SFV Room 200B: That would be a fully integrated contract.
SFV Room 200B: That even the stupid wheel lock that is 110 bucks, we put it in here. So if they come and say, Kate promised another $4,000 for something, I’m gonna say, screw you. For all evidence.
SFV Room 200B: It doesn’t come in. Even though I said it and everybody saw it.
SFV Room 200B: Don’t care.
SFV Room 200B: Inadmissible.
SFV Room 200B: despite the intent of the parties and all that, can a contract be fully integrated if it does not have the integration clause in it, or is that… Absolutely, it can be fully integrated without the integration clause. Very good, very good comment. But then you’re kind of interpreting the intent. In fact, let me tell you the opposite. The contract may have a fully integration clause in it, and still.
SFV Room 200B: You may be able to argue that it’s not fully integrated.
SFV Room 200B: What if the contract is just one sentence?
SFV Room 200B: And it’s not even… the name of the parties are not even clear, but it says it’s fully integrated. Does it mean that it’s fully integrated? No! So that means it’s very subjective.
SFV Room 200B: It is, well, call it whatever you want to call it. It’s the intent of the parties that the judge will enforce. Find a good judge. That sounds so hypocritical. It’s, unfortunately, that is the way it is. And listen, listen. You lose, you take it to the Court of Appeal, and the Court of Appeal will say, oh, that judge made a mistake.
SFV Room 200B: Because… look at all these cases. Why do you think these cases end up in the Court of Appeal? Somebody says something, and the other court says, okay, we affirm or we disagree.
SFV Room 200B: And this is only applicable… like, what we’re learning right now with this pearl of evidence is only applicable if the contract is considered valid and complete, right? Very good. Not necessarily complete, because it may be partial integration.
SFV Room 200B: you need a written contract, a valid written contract, right? Right? That appears to be a partial or
SFV Room 200B: complete integration in the intent of the parties. Once you get there, and you decide it’s partial, then you can say, okay, the evidence can come to supplement
SFV Room 200B: Right? Yeah. To add to, or contradict.
SFV Room 200B: But if it’s full integration, the evidence can only What?
SFV Room 200B: Supplement? No, nothing at all. Full integration. It doesn’t come in.
SFV Room 200B: Who’s sleeping?
SFV Room 200B: And that applies to both common law and UCC? Yeah, yes. By the way, that’s a good point. And I’m going to say this, then I’m going to let you all go. In fact, I think we want to go to that UCC. I think it’s 2202. Let’s see… let’s see if I’m getting too old, or I still remember.
SFV Room 200B: I’m so sorry, can I ask one and final question? Yes, sir, of course. Sorry, so then, would you say… is it wrong to say, gap fillers would come in if there’s a partial
SFV Room 200B: Is that… am I thinking wrong right now by saying… Yeah, let’s just… let’s not go there, because that doesn’t make it a final expression of the party, just because there is gaps that you can fill with gap fillers. Right, but would that be filled in to make it a… Sure, but that doesn’t… that may not necessarily make it into a final integration.
SFV Room 200B: Final intent expression of the parties.
SFV Room 200B: Right? If you can get there with gap fill, there’s no problem, so I’m not going to argue with that. If you go to page 965, and I promise to let you go, I see some people are yawning 10 times a minute. Sorry. And I don’t like to keep the class that way. No, it’s not you. I’m the one asking 100 questions. You’re the one asking all the questions at the end of class, I’m sorry. No, no.
SFV Room 200B: Go to 965, bottom of the page, 2-202, final written expression, parole or Extrinsic evidence. And I will tell you that if you read this carefully.
SFV Room 200B: under the UCC, the UCC presumes that contracts are partially integrated.
SFV Room 200B: presumes.
SFV Room 200B: Unless you show otherwise. So, 2-202 terms with respect to which the conformity memoranda of the parties agreed, or which are otherwise set forth in writing intended by the parties as final expression of their agreement.
SFV Room 200B: With respect to such as are included, therein may not be contradicted by evidence of any prior agreement.
SFV Room 200B: or of a contemporaneous order agreement, but may be explained or supplemented. What does that mean? That means we’re going to assume that these are partial integration.
SFV Room 200B: That’s the UCC approach, so I’m so glad you brought that up. And then, of course, but then under A and B, it says otherwise when it’s not available.
SFV Room 200B: by evidence of consistent additional terms, unless the court finds, unless the court finds the writing to have been intended as a complete and exclusive statement in the terms of the statement. In other words, if the court says it’s a final integration, okay, it is complete.
SFV Room 200B: UCC does not dispute that, but UCC presumes that all integrations are… that you can always supplement.
SFV Room 200B: Why? Again, because they want to make a contract, right? They’re like, don’t worry, relax, we got you. It’s partial. Bring your stuff in.
SFV Room 200B: Unless the judge says no. Isn’t that convenient?
SFV Room 200B: Any questions before I let you go?
SFV Room 200B: Any comments? Yes, sir? I had a question earlier. Please.
SFV Room 200B: You did have a… and I’m sorry if I didn’t see you. See, you’re up there, and sometimes I miss you. You said, ask questions, and you gave us number two, is the writing complete? But you had said something.
SFV Room 200B: You mean right now? Yes. Oh, not right now, but it was just minutes ago.
SFV Room 200B: Well, I would say, with regards to partial or complete integration, I would, again… All the questions, so one of them being, is the writing complete or partial integration? Look at the intent of the parties. Intent of the parties. That is… that always gets you out of hot water. Always.
SFV Room 200B: Okay? It’s like when your child says, I’m sorry, you’re like, okay.
SFV Room 200B: I guess I’ll let you go. So, anytime you’re confused, just say, the court will enforce the intent of the parties.
SFV Room 200B: So if I… did I understand the UCC correctly? That the court is gonna assume that… The UCC will assume. Yeah, the UCC will assume that it is not… It’s a partial integration. It’s partial, and you can bring it in, as long as it’s…
SFV Room 200B: Supplementary or explanatory? Unless you can show the court that it was a full integration, then UCC has no dispute with that. Which is sub 2 or B. Oh, sorry. Yeah, on the second page. On the page after that. But the UCC’s approach is that it’s partial integration. Saturday, we’re going to continue, absolutely, yes. We have to finish the course before…
SFV Room 200B: Saturday, 10 a.m. Sharp. Sharp. Thank you.
SFV Room 200B: Thank you, that is what I am.
Anabella Sulahian: Professor, good night.
SFV Room 200B: Bye, guys! Good night, sir.
SFV Room 200B: Okay, as long as I know. Yes, never contradict them. Let me force something.
SFV Room 200B: That’s cool.
SFV Room 200B: Thanks. See you later, Buns. Bye, Professor. See you later.
SFV Room 200B: leadership for COVID-19.
SFV Room 200B: And if the unintegrated writing, would that just be a mere proposal? Unintegrated writing, meaning… Bye, Professor, have a good day. Bye. Thank you, Professor. Thank you. My pleasure.
SFV Room 200B: Her writing’s completely unintegrated. I don’t know what that means, though.
SFV Room 200B: If it’s either partial or…
SFV Room 200B: fully integrated. I don’t know about unintegrated. I looked up and I heard there’s something that’s called completely unintegrated.
SFV Room 200B: Who said that? Oh, you know what? I did… I did… yeah, I did look it up also. No one said it, but I read some… I was reading, like, just no… well, I don’t know what it was. I mean, it’s just the writing?
SFV Room 200B: I think it’s just… I just… I don’t know if it means anything. I mean, if it’s a signed writing, it’s supposed to be one or the other. Unless it’s just not signed at all.
SFV Room 200B: That’s just a piece of evidence, I suppose, like any other evidence. You give it the way that it deserves. Tonight.
SFV Room 200B: Yeah.
SFV Room 200B: Which is just inviting of a deal and discussion of negotiating. Oh, well, we don’t have a contract. Remember, the rule was that you have an enforceable contract, which is in writing, now you want to see what the terms are.
SFV Room 200B: Right? So, yeah.
SFV Room 200B: Thum’s on my nose for that.
SFV Room 200B: Come right now.
SFV Room 200B: My… Thank you for me. 
