From Torts
Professor Torts: A couple is videotaped having intercourse, by the defendant in his home. The tape is then disseminated to others and the couple learns about indirectly. The woman (in the couple) then brought suit against the defendant. Why do you suppose this plaintiff didn't pursue intentional infliction of mental distress?
Class: uh....
Professor Torts: That's right. Insurance. The defendant's homeowners insurance doesn't cover intentional acts, but does cover reckless and negligent acts. Don't forget that insurance can be a driving force of tort.
1L: My insurance covers me making pornos in my home?
Professor Torts: Is this a concern for you?
1L: Not any more.
Last week there was a charming conversion on "shrinkage" and this week it's all about the porn. Tomorrow we're to discuss a hypo regarding prostitute services. Torts rules.
From Contracts
Professor Contracts: The plaintiff was to receive $1.03 per unit under the contract. The contract was breached and the plaintiff had to pay $1.10 per unit. If the plaintiff receives $.07 per unit in damages - what is his net outcome?
1L: He...uh...paid $1.10?
Professor Contracts: Right, so his net outcome is?
1L: He..uh...paid more than $1.03?
Professor Contracts: Yes, and?
1L: He...paid $1.10.
Professor Contracts: And if he is given $.07 per unit after paying $1.10 per unit - at the end of the day what position is he in?
1L: Uh...he didn’t get what he was supposed to?
Professor Contracts: Let me draw this out for you. $1.10 less the $.07 he gets back means he ended up putting out how much?
1L: More? But...he got some back.
Professor Contracts: [disgusted] Anyone?
[All hands shoot up...answer given]
Professor Contracts: Do you see now?
1L: Uh...the defendant breached the contract?
Professor Contracts: Let's move on.
It's a shame that this stuff is so difficult. Sheesh.
And...in Civ Pro, I didn't miss much about Pennoyer since the class was behind on the material. Good thing too, because this case is so much fun I would have been sad if I missed the opportunity to hear about again and again and again.
We've been on Pennoyer for 5 days now...
Posted by: neurosis | September 01, 2004 at 10:09 PM
Ah, Pennoyer - so much fun, so little class time!
Nitpick - it's "breach" of contract, not "breech." Sounds like your contracts class is as much fun as mine...
Posted by: Sydney | September 02, 2004 at 06:23 PM
breech/breach...who has time to proofread anymore? :)
Posted by: Coyote | September 06, 2004 at 01:16 PM