Saturday, November 22, 2008

One more thing...

So I mentioned how I spent this weekend so far sick and writing a memo, but I neglected to mention that I got roped into watching part of a soccer game on TV. As the boy and I were watching, he tried to explain how this one coach starts off very poorly with each team he coaches, but he does get better.

Insert law school commentary that ran through my head in rapid-fire:
-I don't know about in England, but here in the US his request to get a guaranteed multi-year contract, so that he can improve, would have to be signed and in writing or else it would violate the statute of frauds (See e.g. Elizabeth Arden)
- well wait, the restatement and the UCC both require a signed writing for contracts over a year (correct me if I am wrong, I have not reviewed my contracts outline yet), and Dell did not sign the warranty for my lovely yellow laptop. This is probably OK because I bet it is on Dell letterhead which counts as a signature.
-Would my Dell purchase fall under the UCC (products) or common law restatements (if it is a service) (See e.g. Princess Cruises). Do I have a seperate contract for the warranty as from the purchase of the computer, or is it all one?

I told the basic gist of this to the boy. His response "Ya...but the coach isn't in the US."
Sometimes you need a clear, non-law school head to make the connections seem so silly.

This happened to me the other day when riding the metro, but I will save that fun diatribe for another day. Hint: It's a tort theory based on being a common carrier!

1 comment:

Amicus Cupcake said...

I hate to tell you this, but it never goes away, or at least hasn't yet (guess I'm only a 2L though). And Good Luck on your finals!

I considered writing answers to your questions, but thought better of it. You can tell the boy that the statute of frauds originated in England though.