Course Section | Columbia Law School

Section Description Provided by Instructor

This course offers an introduction to contract law, theory, and practice. The course is organized around two broad questions: (1) When and to what extent is a promise legally enforceable? and (2) What are the consequences of breaking a legally enforceable promise? These questions seem simple--even trivial--yet are surprisingly difficult to answer. As we explore them, we will identify the contours of contract law and develop a sense of how private actors navigate the rules. Students will develop skill in interpreting contractual provisions, mapping complex legal doctrines, estimating the effects of alternative rules on individual behavior, and public speaking. A gentle version of the Socratic method will be applied daily. Regular attendance and participation are expected.

Course topics include consideration and alternative bases for enforcing promises, the bargaining process, policing the bargain for unfairness, performance and breach, mistake and impracticability, and remedies for breach. These topics are explored in the context of construction contracts, sales of goods, real estate deals, employment agreements, commitments within the family, and other significant types of agreements.