Saturday, September 12, 2009

Still Shaking II. The first one's the hardest...

...and I did fine, I'm happy to report.

PLEASE SEE MY ORIGINAL POST HERE.

Contracts is my most difficult class. Professor Wittenberg tells me that it's a really hard subject for most 1Ls. Even those students who lean back and chat before class while the rest of us frantically pore over Step-saver v. Wyse are probably just so confused that re-reading a case is pointless. Or they're faking an easy understanding of the parol evidence rule and UCC 2-207 because they don't want the rest of us to smell their fear. Or they have some other excuse for covering their confusion that I don't have time to determine because I need to re-read Step-Saver v. Wyse. (Alternatively, they may actually have a fabulous understanding of contracts, in which case I dismiss them entirely. I'm too busy re-reading Step-saver v. Wyse to re-align my paradigm.)

Since the class is so hard I've been fretting about the possibility of a cold-call from the very beginning. It happened yesterday, and I'm still alive.

I'm not sure how long I was Socratic-methodizing with Prof. Wittenberg; when doom impends time nearly stands still. I'm guessing the interrogation conversation went on for between 10 and 15 minutes. I attacked a hypothetical case using UCC §2-207. Yes, THAT 2-207. The one that addresses contracts between merchants or non-merchants concerning the sale of goods that involves the battle of the forms with an offer/counteroffer that includes additional terms that may or may not materially alter the contract to the extent that they should be dropped from the terms of acceptance.

My hands were shaking and my throat was tight but I surprised myself with an ability to think quickly and give prompt and thoughtful answers. I even managed to throw out a couple of mild jokes in the process. I wasn't sure how to measure my performance but a few classmates approached me afterward and told me that I did a great job.

The good news is that the class numbers 90 students, so I think I'm off the hook for a few weeks.

P.S. Holy crap. When did I become the person who could write this:

...The one that addresses contracts between merchants or non-merchants concerning the sale of goods that involves the battle of the forms with an offer/counteroffer that includes additional terms that may or may not materially alter the contract to the extent that they should be dropped from the terms of acceptance.

?

Contracts

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