Monday, February 8, 2010

think like a lawyer!

Miseducation of Lawyers
The professor of a contract law class asked one of his better students, "If you were to give someone an orange, how would you go about it?"
The student replied, "Here's an orange."
The professor was outraged. "No! No! Think like a lawyer!"
The student then replied, "Okay. I'd tell him `I hereby give and convey to you all and singular, my estate and interests, rights, claim, title, claim and advantages of and in, said orange, together with all its rind, juice, pulp, and seeds, and all rights and advantages with full power to bite, cut, freeze and otherwise eat, the same, or give the same away with and without the pulp, juice, rind and seeds, anything herein before or hereinafter or in any deed, or deeds, instruments of whatever nature or kind whatsoever to the contrary in anywise notwithstanding...'"

( Jamesfuqua.com )

This law satire didn't fail to crank me up, and it definitely made my morning. Here we see how the lecturer gets the student to think like a lawyer in a contracts class, verbally writing a contract for an orange. For last week's lecture we discussed that a contract needs to have certain elements for it to be deemed as a contract or else it would be void. We only managed to cover the first element which is offer. Here the student clearly offered the orange to the certain someone by hereby giving and conveying to the certain someone the particular orange. He signifies his willingness to offer the orange according to Section 2(a) of Contracts Act which states that 'when one person signifies to another his willingness to do or to abstain from doing anything, with a view of obtaining the assent of that other to the act of abstinence, he is said to make a proposal'. Besides that we can deduce that it is a bilateral offer as it is made to a specific someone. Seems like a perfectly spoken contract to me, although it only fulfills the first element. I just hope the world would not come to this state, imagine proposing a contract for everything we purchase or sell! I'd probably enter a famine state and never come out of it with my slow train of thought.

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