Saturday, December 09, 2006

Twelve Drummers Drumming

This day, twelve before it is all finished, has been largely about Contracts and Torts. It's been interesting to compare those two. I don't just compare them for fun; the subject has come up in the cases we've studied in both classes: should one sue in contract or in tort? Normally, one brings a breach of contract to court suing under contract, but they might try to bring a tort suit if they can based on a longer statute of limitations, a grievous harm, negligence or some such tort above and beyond the breach, or even just to try to get more in damages.

But I also compare the classes. I don't even mean to. I just loathe studying Contracts so much, and I adore Torts. I spend an hour in my Contracts text and it's so excruciating it feels like my brain is going to pour out of my eyes, and then I close the book, toss aside the Uniform Commercial Code, and pick up my Torts text, and it's like coming back to an old friend. It feels like comfort. Home. Softness. Luxury. Contracts is standing on a crowded, sweaty bus when you can't get a seat, grasping the bar, jostling up against other tired, bitter people; Torts is coming home and collapsing into a soft, plush bedspread and a million pillows.

We had a study session for Torts. Me and three others from the class. I got excited. I got fired up. I was bouncing up and down, feeling eager, and I even said, "I wish we could take the exam right now!!!" Pause. "Man, I never feel like this when I'm studying for Contracts."

Here's a disturbing thing: last night I was reviewing the old C&H Sugar case in my Contracts text (see Day of Atonement) . A line in there jumped out at me; I hadn't noticed it before. In talking about the importance of having shipping available at the height of the sugar harvesting season, it mentions in passing that C & H needed to ensure it could deliver lots of refined sugar to the soft drink and cereal industries, its main commercial customers.

Think about it. Soda -- which we all know is just a collection of ingredients that are bad for you -- and CEREAL. Equal status as C&H's customers, in a totally casual, throwaway line. We don't even think twice about how very much sugar is in our cereal.

On with the drumming...

1 comment:

jnap said...

My favorite sportscaster, Ryan Hyatt, talks a great deal about "do overs" and how, in real life, we do not usually have the luxury of "do overs" like we do in sports. Liquidating damages sounds like "do overs" to me.