This seminar (cross-listed with the philosophy department) will focus
on recent contributions to the theoretical literature on contract
law. Possible topics include the purpose or function of contract law,
the relationship of contracts to promises, whether fault should play a
larger (or smaller) role in contract law, remedial approaches to breach
including a larger role for unjust enrichment, and contract law’s
treatment of fraud and deception. Readings will be drawn from the
legal literature and the philosophical literature.
will be asked to attend regularly, to write short reaction papers, to
participate, and to write a longer research paper (15-20 pages). Credit
for the SAW will be available (and for the law and philosophy program
writing requirement); students interested in satisfying either or both
of those requirements will be asked to hand in a draft of their
substantial paper and engage in a thorough revision. No philosophical
background is required, but an active interest in theoretical questions
and approaches is recommended.
The seminar will run on the quarter
system, beginning September 24th. I will send out a tentative
syllabus and proposed readings to enrolled students at the beginning of
the semester so they can have some sense of the course. Interested
students are welcome to contact me for more information.