Today the new 1L students arrive at Cal Western to begin their journey down the path to becoming a lawyer. I realized I had yet to fulfill my promises of the 1L review and of the internship. I wonder if politicians every experience the feelings I currently have - that feeling of saying you'd do something and then fail to do it!
Well, onto Contracts and Dean Dessent!
Contracts is a unique area. Much like most other areas of law, this topic was born from common law. If "we" are to legally recognize an agreement between two people, the agreement must fulfill certain requirements. If the agreement does not meet the minimum requirements, then the agreement is not a legal contract. This is a simple concept. But, much harder to actually apply.
Looking back on Contracts, I see how fact intensive this area of the law really is. (I love 20/20 hindsight!). I should've paid a little more attention to the facts to really understand this area. I am developing a better appreciation of contracts now as I reflect on the topic.
During last year, I would've told everyone I was worried about contracts. And I was. I found contracts not very interesting. Not exactly boring, just a topic that didn't tickle my fancy. My original desire when I came to law school was to be a transactional lawyer. That desire has changed because I don't believe contracts are my thing. But, right now, as I type away, I feel better about contracts.
So that's what I have to recommend about this subject. Pay attention to the facts and contemplate the subject more intensely than you would for other subjects. The nuances and the manner in which individual judges rule on those nuances make contracts very challenging. But not so challenging as to be impossible. Pay attention and think; and contracts will be a little easier.
I feel contracts could be very boring depending on the professor. Have a dry professor and contracts will feel like pulling teeth. Even though we had a very interesting professor, at times, contracts was like staring at a blank television screen. I wish I had thought more about contracts, then, I might have found contracts more interesting and might have received a higher grade.
I should point out, contracts is actually divided into two areas: common law and the UCC. The UCC can be very frustrating in its application. A codified contract law for the sale of goods, the UCC is more convoluted than common law in the judge interpretation of the codified rules. This makes taking an exam very difficult! If you don't how to apply the UCC, the test will not go well for you! But, Dean Dessent made the UCC interesting. If only I had listened a little closer to him!
Turning to the interesting professor now. Dean Dessent is an entertaining professor. (For those who might not know, Dean Dessent was the law school's Dean in the late 80's.) If you had asked me during the year my feelings I would've told you that he is not a great professor. I felt then he made contracts interesting but did not "teach" us anything. I would've been wrong. Dean Dessent, on reflection, is a very good professor. If you listen to him, you will learn contracts.
The key to learning from Dean Dessent is to listen to his stories and write them down. Later, analyze his stories and compare them to the contract law he has taught. He will give nuances and hints about how to apply the law to the facts. Later when you are taking his exam, you'll see his nuances and give better answers than those who did not listen.
Contracts can be very boring. Contracts can also be very frustrating. Listen, reflect, analyze, and reflect some more is the key to performing well in contracts. Of course, having an interesting and entertaining professor, such as Dean Dessent, will go a long ways to surviving contracts will some sanity!
