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This is the page for Caroline Bradley’s Contracts Class at the University of Miami School of Law. For the Fall Semester 2017 we will be using the following books: Macaulay, Whitford, Hendley & Lipson, Contracts: Law in Action: Volume I: The Introductory Course (4th Ed. 2016) (Carolina Academic Press) and Burton & Eisenberg, Contract Law, Selected Source Materials Annotated (Selected Statutes).

Dean’s Fellow Sessions with Daniel Horn (Dhorn@law.miami.edu): Mondays 5:30-6:20pm in F109 and Tuesdays 5:30-6:20pm in A110A.

Week 19: October 16-20For Monday’s class please read to page 220. We should be able to start thinking about the problems on Monday but will still be working through them on Wednesday. For Wednesday please read to page 237. We will be thinking about issues of contract formation. Read this Complaint in Trump v Maher (the case was later abandoned) and think about how good the claim expressed in the complaint was.

Here is the Pepsi ad referred to in question 2 on page 236:

For Thursday please read to page 276.

Please note that the material in the casebook on Blumenthal v Brewer at pages 272-3 has been superseded by the decision of the Illinois Supreme Court in 2016 (you are not required to read the full judgment). The Court held that the appellate court did not have the jurisdiction it claimed and could not overrule Hewitt. So Hewitt is still good law in Illinois. Here is an excerpt from the judgment – please read this: Blumenthal v Brewer) The Illinois Supreme Court this year again emphasized in Manago v Cook County (I give the link here in case you are interested and not because you are required to read the judgment) that the Court “is not tasked with evaluating and setting public policy” because that is a matter for the legislature. The Court said:

Our duty in this case is properly limited to determining the intent of the legislature based on the plain and unambiguous statutory language and construing the relevant statutes consistent with that intent.

Marriage rates in the US have declined in recent years, and people of higher socio-economic status are more likely to be married than people who are less well educated and less well off. (e.g. As U.S. marriage rate hovers at 50%, education gap in marital status widens).


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