Class 34, Tuesday, April 11

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Class 34, Tuesday, April 11

• Announcements
• Tuesday 681-704 679-81 (Problem 8-3)
• Thursday 743-78 (skim the last caseHornell
  Brewing, but pay attention to the notes
  following, pp. 776-78, , along with the
  relevant UCC provisions)
• Friday 779-804 conditions handout
• Contracts, Greatest Hits, Vol. 2 Monday, May
  8, 9am-noon, Robinson Courtroom
• Todays agenda
• Borelli v. Brusseau
• Illegality and public policy
• Review
• Problem Set 6

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Today is a good day to realize that we wont be
able to cover as much as your professor would
like to cover, and that thats okay.
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Borelli v. BrusseauCalifornia Court of
Appeal12 Cal. App. 4th 647, 16 Cal Rptr. 2d 16
(1993), review denied (Apr. 1, 1993)
4

• Who is suing whom? For what? What is the legal
  basis for the claim?
• What two grounds served as the basis for the
  trial courts grant of demurrer?

5

• The majority in this case says that the
  obligations in a marriage are neutral with regard
  to gender. Do you agree?
• The California statutes appear to be gender
  neutral. Are there societal conditions that
  alter or negate the gender neutrality contained
  in those statutes?

6

• Does this decision promote gender stereotypes
  that exist in marriage?
• Thought experimentAdams Rib

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Illegality and public policy

• covenants not to compete
• exculpatory provisions
• K to do an illegal act
• K, though legal, procured illegally
• K, though legal, performed illegally
• In the last 3, what should a court do if one
  party tries to enforce the K? The following
  examples are meant to be illustrative and in no
  way exhaust the possible permutations.

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K to do an illegal act

• Baretta hires P to kill his wife in exchange for
  10,000. P kills wife Baretta doesnt pay. P
  sues to enforce K. What result?

9
K, though legal, procured illegally

• Sirkin bribes A, the buying agent of 14th Street
  Store, thereby procuring K where Sirkin provides
  clothing in exchange for payment by 14th Street
  Store. Sirkin delivers the clothing. 14th
  Street Store, having learned of the bribe,
  refuses to pay. Sirkin sues to enforce K. What
  result?

10
K, though legal, performed illegally

• You call Dominos to order a pizza for delivery.
  They promise to deliver it in exchange for
  payment from you. Delivery person arrives at
  your house, parks in a Handicapped Parking space.
  Delivery person does not have a Handicapped
  Parking placard. You take the pizza and refuse
  to pay on the basis of the illegal performance of
  K. What result?

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K, though legal, performed illegally

• A hires B to do roofing work. B, unknown to A,
  does not have a contractors license. B
  performs. A refuses to pay. In a lawsuit by B,
  may A assert Bs illegality as a defense?

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Licensing statutes

• result may turn on specific language in the
  licensing statutesee note 1, p. 618
• in absence of the above, result typically turns
  on distinction between purpose of the
  statuteregulation for public health/safety
  versus revenue-raising measures

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Avoiding enforcement

• minority
• mental incapacity
• duress
• undue influence
• misrepresentation and nondisclosure
• unconscionability
• public policy

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We will be skipping

• Changed Circumstances
• impossibility
• impracticability
• frustration of purpose
• Mistake
• mutual
• unilateral

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Problem Set 6
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End of Class

• Tuesday 681-704 679-81 (Problem 8-3)
• Thursday 743-78 (skim the last case Hornell
  Brewing, but pay attention to the notes
  following, pp. 776-78, along with the
  relevant UCC provisions)
• Friday 779-804 conditions handout
• Contracts, Greatest Hits, Vol. 2 Monday, May 8,
  9am-noon, Robinson Courtroom