i had Property first thing Thursday morning from 8:30 to 10:20am.
we spent the class talking about commercial property.
in residential property there are rules in place that protect tenants because tenants have next to no bargaining power with their contracts, but, with commercial leases, the law is a lot less protective.
first we talked about whether a commercial landlord had an obligation to mitigate their damages in the event a commercial tenant breaks their lease.
whether they have an obligation to try to find somebody else to come in and take over the property, thereby reducing the amount of lost rents, or if they can just let the storefront or warehouse or whatever stand empty for the remainder of the lease and then sue the breaching tenant for the full amount.
we read some cases where there was no obligation to mitigate damages and a few others that were starting to see a trend towards mitigation.
it was all fairly boring.
then we read some other cases about whether the duty to inspect a commercial property should fall to the landlord or the tenant, and what kind of public public considerations come into that calculus.
i proposed that there should be a thirty-day period in which a tenant should be allowed to break a lease should they find any latent defects but apparently that's more of a thing that should be proposed by a legislature, not for the Courts.
what the fuck do i know, i guess?

after Property i normally have Legal Writing II from 10:30 to 11:45 but class was canceled on Thursday.
the Professor is a Catholic and he had to take one of his five kids on a Boy Scout trip, i think.
we already had a make-up class in the bank from way back at the beginning of the semester when we had to attend some kind of presentation on how to use WestLaw and LexusNexus so the Professor decided to cash it in.
he wasn't sure if he was going to do it Thursday or the Tuesday previous.
i was hoping for Tuesday so that i could sleep in until the afternoon with no Property, either, but, Thursday worked, too.
i didn't have time to do my Contracts homework Wednesday night, so i went down to the library and worked on that.
a lot of my classmates don't do their reading and case briefing until just before class. sometimes some of them do it in class, while the Professor is talking.
i don't understand that shit at all.
not having my work done by the night before it is due gives me agida.
i went down to the library and was able to read and brief four-fifths of the cases that were due later that afternoon.
that is not my normal working speed. normally i go much slower because when i work at home, i interject a lot of fucking-around, but, you can't look at the 4Chan in the middle of the Law School library so i was forced to focus on my studies exclusively.
maybe that's why so many of my peers do most of their work hanging around the library?
i've always wondered what's up with that.

at 11:45 i turned my attention to Oral Argument Practice.
on Tuesday our Legal Writing Professor told us that we would have to have oral arguments over the Trial briefs we'd just turned in.
we were going to have to stand up in front of the class and argue our Trial Briefs in pretend-court before a pretend-judge.
though i am fairly quarrelsome, my traditional oral argument skills of cussing and spitting at people aren't really what the Professor will be looking for, so i figured it would do me some good to have some practice.
sometime last week we got an e-mail from the people in the Mock Trial club saying that if anybody wanted to practice their oral argument skills, we can sign up for practice with one of the Second or Third Years on the school's Mock Trial team.
i figured i should do that so i signed up for a practice session on Thursday at noon, but, when i signed up, i didn't know how busy my week was going to be.
i only had ten minutes to turn my attention from my Contracts reading to my Trial Brief and to try to sketch out an outline of what i should say for my practice.
then, at 12:00 i went and found the Third-Year who was supposed to help me with Oral Argument Practice.
she was a Black lady who didn't have any idea about what was happening, why i was in front of her or what was expected of her.
it was clear that she was just there in the room because this was what somebody was making her do.
which is fine, i guess, because i was half-assing it, too.

after a few minutes of chit-chat i got behind a podium and tried to present an oral argument about my Trial Brief.
we are going to have six minutes apiece to present, but, i don't have any idea how long six minutes is.
i figured it was a long time, so i stretched out my opening.
as soon as i started talking all the notes that i took went out the window and i was just winging it off the top of my head, stuttering and stammering along.
i barely got into the second of five points that i wanted to make before the Black lay called time and that was it.
if this was the real thing, i would have gotten a big fat F.
the Black lady told me i need to work on my hemming an hawing, she told me that “umm”s work well for President Obama but for me, not so much.
i thanked her and sat back to watch a girl in some other Legal Writing class in some other Section who had also turned up for coaching.
i was hoping she would be just as much of a mess as i am, but she was not. she was really, really good.
oral arguments are clearly something i am going to need to work on, though i likely won't put it nearly as much work as i should.
for example right the fuck now, i'm dicking around writing LiveJournals.

at 12:30 i thanked the Black Moot Court Third Year for her help, even though she wasn't all that helpful, went to my Contract classroom and finished doing the last case i had to read and brief.
for lunch, i ate what i always eat when the school isn't giving anything away for free; a peanut butter and jelly and banana sandwitche the PSE packed me in my custom TITS LUNCH lunch sack.
at 1:30pm it was time to start Contracts.
once again, we were talking about damages.
there are two classes of ways to handle damages in breach-of-contract cases, with money or with specific performance.
specific performance is where a Court compels the breaching party to do the thing they were supposed to have done, which makes the most sense to me, but, because it can sometime tread pretty close to the line of slavery, it is a significantly disfavored approach.
much more common is the awarding of monetary damages, but, calculating monetary damages for a breach of contract can get kind of messy and complicated.
there are three ways to calculate monetary damages: expectancy, which looks at the position the non-breaching party was supposed to have been in had the contract been executed versus what they actually got; reliance, which looks at the position the non-breaching party was in before the contract and sets to get them back to that position and; restitution, which looks at the position the breaching party was in before the contract and sets to get them back to that position.
one of the things that really grinds my gears about damages in contracts is that they can't be punitive.
they only exist to get a party back to the position they were supposed to be in either before or after the contract got breached.
but, by my math, even if the non-breaching party gets put back in the position they were in before or after the contract, there is still a great deal of injustice on account of the pain in the ass of having to go to court.
there really ought to be some kind of punishment for the breaching party for dragging everybody into court, but there isn't.
and, in most states, contract breaches don't even merit attorney's fees, either.
so, if i have a contract to buy a VCR from you, an you breach the contract by not giving me my VCR, i have to spend thousands of dollars in legal fees just to get some kind of compensation for the VCR i never got.
that's not the case in Texas, Texas is ahead of the curve and there are statutes providing for attorney's fees in contract litigation, but most other States don't go that way.
good job, Texas!

//[ab irato ad astra]

September 2017

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