A Meaningless Observation?
In Torts we talk a lot about money. In Contracts we talked more about what is fair.
This is a blog to talk about things collectivly in a non-classroom type setting in order to foster a greater appreciation for diverse intersts and views. Oh, and consideration is a bargained for exchange.
3 Comments:
Maybe that's because Actual Tort Lawyers talk more publically about what is fair and Contract attorneys talk about Money, in public.
Didn't we learn that "fairness" arguments don't work so well in K's?
Yeah, you may be right about the public talk v. law school talk. I guess what I'm thinking about now that I've been part way through Torts is that we just talk about money more in that class than we did in K. It struck me as a bit odd.
It may just be that the money aspect is taken for granted in K's, whereas in Torts, though we may not like to think about it, it is just a fact of life.
And, yes, we did learn that arguing "Unfair!" in K will likely get one nowhere. "Plaintiff takes nothing" is the Texas CivPro term if I remember correctly.
Interesting observation. I guess that it probably is more that it's taken for granted in K.
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