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©Stephanie Ben-Ishai 2014

Osgoode Professional Development Osgoode Hall Law School

COURSE OUTLINE

Course Number and Title:

Contracts GSLaw6840

Term:

Summer 2014

Course Instructor:

Time and Location

Professor Stephanie Ben-Ishai

1 Dundas Street West, 26 th Floor August 25-29, 2014

9-5pm

Expanded Course Description

This course is intended to introduce students to the most basic doctrines in contract law (or the study of the legal enforcement of promises) and to engage in a rigorous examination of these doctrines. In this course we will ask both descriptive and normative questions. That is, what promises will the state enforce and how can we justify state coercion as a means of enforcing promises. This course is intended to help students develop an understanding of the various theoretical underpinnings of contract law and an ability to discern patterns in judicial enforcement.

This course does not involve simply the memorization of fixed, immutable rules and principles. This course is as much about learning critical reasoning skills as it is about learning contract law doctrine.

Course Learning Objectives

The following are a few general learning objectives for the course. There are additional learning objectives listed at the beginning of each chapter in your casebook.

a. I would like students to be able to articulate legal rules and principles derived from the case law; to place legal rules in their historical and social context and to articulate the values and purposes that are served by those rules; and to display an acquaintance with the major theories of contract law and its development.

b. I would like students to be able to articulate and anticipate the problems that may arise in the context of promise making, breaking and exchange and to explain methods of avoiding or resolving these problems.

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c. I would like students to be able to identify areas in which contract law is uncertain or inadequate to achieve its intended purpose; to articulate the alternate values and purposes that could and should be served by the law; and to suggest and support avenues of development and reform.

Course Text / Readings

The required text for this course is: Stephanie Ben-Ishai and David Percy, eds. Contracts Cases and Commentaries, 8 th Edition (Toronto: Carswell, 2009). The page references in the Reading List/Detailed Schedule are to this text.

Teaching and Learning Method

I believe that teaching and learning involve a true partnership with responsibilities incumbent on both teachers and learners. My goal is to engage with you, encourage you and inspire you to stretch intellectually. I take seriously my responsibility to teach to the whole classroom. My objective is to facilitate the creation of a non-threatening classroom environment while effectively managing classroom diversity and student motivation.

Reading List/Detailed Schedule

*NB: This schedule is subject to change with notice from the Professor*

**The topics and page numbers below correspond to the topics and page numbers in the CB = Stephanie Ben-Ishai & David R Percy, Contracts: Cases and Commentaries, 8th ed (Toronto:

Carswell, 2009)**

Day/Time

Topic/Reading

August 25

CB: 1-14; 779-919

9-11

Introduction/Remedies #1

11-11.15

Break

11.15-1.15

Remedies #2

1.15-2.15

Lunch

2.15-4.15

Remedies #3

4.15-4.30

Break

4.30-5

Questions

August 26

CB: 15-169

9-11

Offer and Acceptance

11-11.15

Break

11.15-1.15

Certainty of Terms

1.15-2.15

Lunch

2.15-4.15

Enforcement of Promises #1

4.15-4.30

Break

4.30-5

Questions

August 27

CB: 169-316

9-11

Enforcement of Promises #2

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11-11.15

Break

11.15-1.15

Enforcement of Promises #3

1.15-2.15

Lunch

2.15-4.15

Privity of Contract

4.15-4.30

Break

4.30-5

Questions

August 28

CB: 353-540

9-11

Reps and Terms #1

11-11.15

Break

11.15-1.15

Reps and Terms #2

1.15-2.15

Lunch

2.15-4.15

Standard Form Contracts

4.15-4.30

Break

4.30-5

Questions

August 29

CB: 665-778

9-11

Protection of Weaker Parties

11-11.15

Break

11.15-1.15

Illegality and Public Policy

2.15-4.15

Review

4.15-4.30

Break

4.30-5

Questions

Evaluation and Due Dates

Student Presentation and Short Paper: 35% - The Short Paper is due Monday, September 22,

2014. The short paper is to be submitted through the Moodle course website preferably in

PDF format.

Final Exam: 65%- Scheduled September 15, 2014 [7:00pm-10:00pm] Monday

Grading

The only letter grades that are permitted by the Faculty of Graduate Studies are the following:

A+, A, A-, B+, B, C and F. Students may take a limited number of courses for degree credit on an ungraded (pass/fail) basis.

IMPORTANT COURSE INFORMATION FOR STUDENTS

All students are expected to familiarize themselves with the following information, available on the Senate Committee on Curriculum & Academic Standards webpage (see Reports, Initiatives, Documents) - http://www.yorku.ca/secretariat/senate_cte_main_pages/ccas.htm

Academic Honesty and Integrity

York students are required to maintain high standards of academic integrity and are subject to the Faculty of Graduate Students and the Senate Policies on Academic Honesty. http://www.yorku.ca/grads/policies/academichonesty.htm

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Please see the following website which provides complete information about academic honesty. Students are expected to review the materials on the website. Every student should complete the tutorial on academic honesty available at this site. http://www.yorku.ca/academicintegrity/students/index.htm

Access/Disability

York provides services for students with disabilities (including physical, medical, learning and psychiatric disabilities) needing accommodation related to teaching and evaluation methods/materials.

Additional information is available at www.yorku.ca/disabilityservices.

Ethics Review Process

All Osgoode students are required to abide by Osgoode Hall Law School Procedures for Ethics Review of Student Research Involving Human Participants, available on Osgoode http://www.osgoode.yorku.ca by selecting “Current Students” and then the link for “Research Ethics” . “Research” includes questionnaires, interviews and surveys. For more information, please see the full details of the Procedures.

Religious Observance Accommodation

York University is committed to respecting the religious beliefs and practices of all members of the community, and making accommodations for observances of special significance to adherents. Should any of the dates specified in this Course Outline pose a conflict for you, please advise your Instructor as early as possible.

Student Conduct

For the most current information, please go to the CCAS webpage (see Reports, Initiatives, Documents): http://www.yorku.ca/secretariat/senate_cte_main_pages/ccas.htm.

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