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Thursday, October 13, 2011

Consideration, please!

THINK like a Lawyer.

I was reminded of this mental shift today as a flurry of undergrads threw themselves in front of my car while on my way home.

Negligence! The reasonable person would not run out in front of me in the middle of the road! If I hit them because they throw themselves out into the road, could I sue them? Would I be liable? Maybe I should start riding my bike.... (Torts makes you a little more cautious)

It was more apparent after our new pup made "a mess" in the living room:

Kris: Can you clean up the "mess"?

Me: Where's the consideration??? Make me Nutella and crackers and we have a deal! A Contract is Offer, Acceptance, AND Consideration! I clean the mess so that YOU make me Nutella and crackers! A Bargain for Exchange! I'll have no illusory promises!


Kris: I have no idea what you just said.

My thinking is WARPED.

THINKING like a Lawyer means seeing Liebeck v McDonald's on a coffee cup (a gift from orientation week) and giggling because it's funny. Not the story behind it, but the fact that it's on a coffee cup! Thinking like a Lawyer also means rereading the parts of your lease to see if there's any mention of Assignment or Sublease "just to see." It's also looking at the empty lot next door and giving adverse possession more than a quick thought. It's creating ridiculous hypothetical situations in your mind (using your pets' names as parties) and wondering, sometimes out loud, if Paxie could bring a suit against Olaf in Federal Court.

It's all WARPED. But, it's what I bargained for... right?

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