update
The property review is moved to 11:00am on the day before the test. I'll just get to school as soon as it opens and squat in the room for a few hours.
from churchsigngenerator.com
posted by Sam @ 11:20 AM
11 comments
12(e)
If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing a responsive pleading. Fed. R. Civ. P. 12(e).
5/07/2005
from churchsigngenerator.com
11 Comments:
At least for this review, you've changed the times prior to the time of contracting... will we see any more changes?
i want adequate of assurance of due performance that you won't change the time like you did last time. and since you did in fact change it last time, it's not unreasonable for me to have some insecurity and ask for some assurance.
wow, i really need to push Ks out of my brain to make room for property.
.
.
.
what's a contract?
We don't have a contract for the property review (the other only covered Con Law), so you can't worry about due performance. If you're unsure before execution of the K, you shouldn't sign it.
For those who do sign the new K, it won't contain the same term for deciding a start time; it will give the time of the face of the document. I'm pretty sure the rest will remain unchanged, but you should still read it.
can i get a copy of that in advance? i want to make sure i get adequate consideration.
DRAFT CONTRACT: THIS IS NOT AN OFFER. SAM RESERVES THE RIGHT TO ALTER OR AMEND BEFORE EXECUTION.
The undersigned hereby agree to the following terms:
Sam’s Promises
1. Sam will deliver an oral review of his outline for Property I §b with Professor Terrell. This review continue until such time as he has finished the review or the he and the undersigned are ousted from the room. The content of the review is not guaranteed to be correct or reflective of either the coursework or the exam, though Sam will make reasonable efforts to ensure the accuracy of the review.
2. The review will start between 10:30 and 11:30 am. Sam is under no duty to review already covered material for those who arrive late or temporarily leave, regardless of reason.
3. Sam reserves the right to, at any time, temporarily cease the review for any purpose, including but not limited to: going to the bathroom, getting a drink, getting a snack or his wife calling. The doctrines of noscitura sociis, ejusdem generis, expressio unius est exclusio alterius and other such rules of construction are specifically disclaimed and shall not be applied to this paragraph.
4. Sam will, subject to the limitations below, answer all questions fielded by the Attending Parties. He reserves the right to, in his best judgment, refuse to answer questions to which he does not know the answer, do not pertain to the course, are from a list of questions provided by the professor, or will take an undue amount of time. The answering of some such questions does not waive or limit Sam’s ability to later refuse.
Attending Parties’ Promises
5. The first Attending Party to arrive to take a final exam in the room designated for that exam shall immediately occupy the seat to the farthest left (from the proctor’s perspective) on the front row. That Attending Party will occupy in that seat until Sam arrives, whereupon the Attending Party shall relinquish the seat for Sam and sit elsewhere. This applies to Attending Parties who will be in the laptop room containing last names with beginning with the letter “H” for the Constitutional Law and Contracts II exams. It also applies to any Attending Party who will be in whichever room is assigned to those with a last name beginning with the letter “H” for the Property I and Torts II exams.
6. If the first arriving Attending Party fails to abide by the above term, all other Attending Parties in the room or who later arrive are responsible for carrying out the duty of that term.
7. If, during the review, any Attending Party in fact believes that Sam has said something inaccurate, that Attending Party has a duty to so inform Sam; if another Attending Party has done so for that particular fact, no other Attending Party has a duty to inform on that fact. “Fact” includes any statement made about the specifics of a case or a rule of law.
8. While each Attending Party has a limited right to ask questions, the Attending Party must nevertheless make a good faith effort to avoid asking questions to which the answer has already been said in that review.
9. During or immediately before or after, no Attending Party may ask, demand or otherwise request from Sam any document of, pertaining to or otherwise related to a course in which Sam is enrolled this semester.
10. All Attending Parties will make reasonable efforts to refrain from private, on-topic discussions, written or oral, with other students during the review.
11. No Attending Party may engage in private, off-topic discussions, written or oral, with other students during the review.
12. “On topic” is defined as a discussion regarding the subject matter of the course being reviewed; “off topic” is defined as discussion of anything unrelated to the course being reviewed.
13. All Attending Parties agree that damages from not being corrected as to a fact are difficult to measure though an incorrect answer will hurt one’s grade on the exam. Lower exam grades directly correlate to lower starting salaries and other pecuniary consequences. Attending Parties agree that the liquidated damages clause in paragraph 15 of this agreement are reasonable estimates of that loss.
14. All Attending Parties agree that Sam will lose focus and concentration by being denied the aforementioned seat and that such loss will adversely affect his grade for the exam with all of the aforementioned adverse monetary effects. Attending Parties agree that the liquidated damages clause in paragraph 16 of this agreement are reasonable estimates of that loss.
15. If the Sam and an Attending Party both make law review, that Attending Party will unconditionally and whenever possible, vote for Sam for the highest editorial position available.
16. No Attending Party may disseminate any information learned from the review without the express consent, written, electronic or oral, of Sam.
17. No electronic recording device, including but not limited to, tape recorders, digital electronic recorders, video cameras, cellular telephones, digital cameras, optical cameras, and web cams may be used by any Attending Party during the review session without either the express consent of Sam or if said Attending Party promptly leaves the room in which the review is being held.
18. No Attending Party may, at any point in the future, sit in the aforementioned seat (see paragraph 5) in any class in which Sam is also a student. That student must, upon Sam’s request, relinquish the seat to him and find another seat.
19. Attending Parties will, to the fullest extent allowed by Texas law, give to Sam their ever living souls to be used, disposed of and assigned as Sam deems fit.
Remedies
20. Any Attending Party who violates paragraphs 5 or 18 of this agreement shall be liable to Sam for $50 (fifty dollars) liquidated damages for each violation.
21. Any Attending Party who knowingly violates paragraph 7 of this agreement shall be liable to Sam for $10 (ten dollars) liquidated damages for each incorrect fact. If Sam was correct as to the fact at issue, there is no liability for violation of paragraph 7.
22. Any Attending Party who violates paragraphs 10 or 11 will be subject to, at Sam’s discretion, one of the following disciplinary measures: being insulted, sitting the corner for a reasonable time and, if the violation is repeated, expulsion from the review. Expulsion does not terminate the duty to follow paragraph 5 of this agreement.
23. If Sam violates this agreement, any Attending Party may sue for damages actually suffered.
Other Clauses and Provisions
24. This document is the complete agreement between the parties; there are no additional terms, written or oral, other than those contained on the face of the document herein.
25. Either party’s failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to, war, strikes, fires, Sam’s wife calling, being duly ousted from the room, floods, acts of God, plagues of locusts, rivers of blood, governmental restrictions, power failures, terrorist attacks, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this Agreement. The Rapture is not an excuse for non-performance of any term of this contract.
26. Any suit brought under this contract shall be filed in a court in Harris County, Texas and shall apply Texas law. In such litigation, under no circumstances shall either party cite a rule, statute or opinion from a blue state or a foreign country, with the exception of Britain, Australia and Gondor.
27. If any part of this agreement shall be declared unenforceable, both parties request that the court reform the agreement to the greatest extent possible so as to retain the remainder of said agreement.
28. This contract establishes no right to hear, learn or sue for failure to disclose or answer questions relating to material that Sam feels is likely to closely approximate a question to be asked or appear on the examination. Sam’s providing such information neither not creates a right to receive it nor lessens his right to refuse from so doing later.
29. This agreement may not be modified except in writing.
30. Under no circumstances may Sam be construed has having waived any right under this contract; he has the discretion to enforce his rights and temporary non-enforcement can in no way, form or fashion be considered waiver of that right.
31. No party may assign rights, delegate duties or do anything else from chapter 9 of the contracts casebook under this contract.
DRAFT CONTRACT: THIS IS NOT AN OFFER. SAM RESERVES THE RIGHT TO ALTER OR AMEND BEFORE EXECUTION.
As much as I like law, i think it is unfortunate that such a monstrocity of a contract as this is actually necessary for a property review session. Does being a law student or lawyer prohibit one from being succinct?
objection to clause 19. i don't have a soul (lost it when i got to law school). also, i'm Jewish, and i'm sure clause 19 violates my freedom of exercise one way or another.
If I really thought I could "find ways the contract," then I'd be pretty confused Sam.
Also, if you are on scholarship either this semester or last semester, or the TEG, then you are receiving state funds, which could arguably put you as a state actor and subject you to state action liability (but for the state funds, you'd be unable to afford the countless thousands of dollars it costs to receive a quality legal education and consequently provide this service for students).
Since a soul is not tangible, it's unable to be conveyed; much like an idea. Unless you are a 60-something from the inaugural class of Texas Tech, in which case you would argue that patents are not in themselves tangible but can be conveyed, and a patent is a recording of an idea... I hate property
At any rate, we all know that our souls are necessary for bar passage, so it would be bad faith to require us to convey our soul for the purpose of one review session.
Poor Sam, I know you can't waint for this semester to be over, so you don't have to deal with us classmates who could potentially "find ways the contract."
Josiah: I have to put in a lot because I'm dealing with people who labor under the delusion that they can find ways around the contract. Once they finally realize that this is pointless, I can lighten up. I wrote a three page contract just to let Rachel borrow my laptop's power cord.
P-man: I'll amend the paragraph to allow for those who no longer have souls (thanks for pointing that one out). For the free exercise part, there is no state action, so you're not losing any constitutional rights.
Steve: just because the soul in intangible doesn't make it unsellable; we'd know that had somebody decided that intellectual property could be useful.
You do enjoy your edit feature, don't you Sam?
I like how you surreptitiously altered your statement to correctly read "find ways AROUND the contract."
Sam, I wanted to tell you how much I appreciate your help with the Torts review. I'm sure I got at least an extra 12 right because of it.
Post a Comment
<< Home