The Paper Chase Page #2

Hart, don't you think this

is the most logical thing...

to divide up the courses?

Yeah.

Let's divide

the courses up.

We've divided them.

I'm taking property.

I think we should talk about

who gets which course.

Maybe we should draw lots.

Like I said, I've already

started property.

Forget it, shorty.

Listen...

Bell, try to think of this

in terms of maximum utility.

Try to attain the highest

average possible.

Treat all your courses

as of equal importance.

They're not equal.

My father is in property.

I know that stuff.

That's different.

Go ahead and take property.

If you like and you know it,

you'll do a better job.

I can outline

something else.

Anderson, which course

would you like?

Doesn't matter to me.

I've made my study schedule

out to the end of the year...

dividing my time equally

among all the courses.

I'll outline anything.

Kevin?

I don't know which

course I'll be best at.

I don't think you should

outline your best course.

Perhaps your overall average

would improve with your worst.

I don't know which course

will be my worst.

I don't care as long

as it's not contracts.

I hate that son of a b*tch

Kingsfield.

Hart, which one

do you want?

Contracts.

You sure?

Yeah.

Okay, I'll take criminal law.

You guys who haven't decided...

can divide up the other

courses any way you like.

Civil procedure.

I'm going up to Mass Avenue

to get something to eat.

You want to go?

No, thanks.

What is this, some sort

of endurance contest?

No. This is a really

fascinating case...

about this guy who went

around killing everybody...

walking in his sleep.

Well, you want me

to bring you back a pizza?

Oh, no. No, thanks.

Yeah. All right.

Yeah. Good-bye. Yeah.

Hello. Do you mind?

There's someone following me.

Just to the corner's

all right.

I'll walk you home.

All right.

I knew law school was hard...

but I didn't think it was going

to be as hard as it really is.

You're up against

some incredible minds here.

I think this guy's gonna

be a supreme court justice...

this guy's gonna run

Wall Street...

this guy might be

president of the United States.

What it is, though,

is this incredible sense of power.

This is where I live.

- Know what I mean?

- Yes.

Have you ever walked through

the law school campus?

- Yes.

- Then you know what I mean.

When I walk down

those streets...

I get the feeling

that behind those doors...

minds are being formed

to run the world.

Good night.

Thank you.

Pleasure's been mine.

Good night.

Ford?

Ford?

Hey, Ford, wake up.

What the hell

are you doing?

Where the hell are we?

Langdell.

I know that, but where?

In the heart of the beast.

Ah, this goddamn

building gets to me.

Comforts me...

restores my soul.

Yea, though I walk

through the valley...

of the shadow of ignorance...

I shall fear no evil...

for the law is with me.

Okay, get the book you want

and let's get out of here.

Wait a minute.

There's somebody else

in here.

Hey...

that's Kingsfield.

Come on.

We're gonna have to get up

so early to keep up with him.

What are the elements

that can lead to a party...

being excused from performing

his part of a contract...

and yet not paying damages?

Mr. O'Connor?

Both parties

predicate their contract...

on an assumption

about a state of facts...

and the assumption

is untrue.

Elaborate?

Mr. Anderson?

Both parties must share

the assumption.

The assumption must be material,

i.e., that the true state of

facts is that it is impossible...

to complete the contract

in any reasonable manner.

Both parties must be dealing

with each other in a fair manner...

and neither party may obtain

an unfair advantage...

because the contract

is dissolved.

Example?

Well,

suppose I were to agree...

to rent an apartment

from you...

an old apartment which you

hadn't visited in a while...

and the time came

for me to move in...

and we discovered the apartment

house had burned down.

That actually happened to me.

Personal comment

is not necessary.

Hello.

Hello.

I was walking by

and I saw your light.

How nice. Come in.

It's very interesting

to me how quickly...

the classes have divided up

into three factions.

One faction being the students

who sit in the back.

Given up sitting

in their assigned seats...

preparing the cases.

What is it, only October?

They've already

given up trying.

Cowards.

The second group are the ones

who won't raise their hands...

or volunteer an answer,

but will try when called upon.

That's where I am,

right now...

living in a state

of constant fear.

And then there's

the third echelon.

The upper echelon.

The volunteers.

They raise

their hands in class.

They thrust themselves

into the fray.

I don't think they're smarter

than anyone else...

but they have courage.

And they'll achieve

the final recognition.

The teachers will get

to know their names...

and they'll get better...

better grades.

Past couple weeks, I've been

preparing for the upper echelon...

and this weekend if

I get all my work done...

I'm going to enter it

Monday morning.

In Kingsfield's

contract law class.

The facts of

Carbolic Smoke Ball.

Miss Farranti?

This is a case

where the defendants...

entered an advertisement

in the Pall Mall Gazette...

November 1891...

stating that a 100 reward

would be paid...

by The Carbolic

Smoke Ball Company...

to any person who contracted

influenza or a cold...

or any disease

caused by taking cold...

after using the ball

according to the directions.

Now, on the strength

of this advertisement...

a Mrs. Carlill

bought a smoke ball...

used it according

to the directions...

until she developed

influenza.

What were the reasons

for the court's finding...

in favor of Mrs. Carlill?

She had fulfilled

the conditions of the offer.

The bargain was complete.

Was there a bargain?

Was there communication

between the parties?

Was she not obligated

to notify the company...

that she had accepted

their offer?

Mr. Hart.

It's obvious that notice

is not important here.

The offer requires no notice

or personal communication.

What is important

is consideration.

Question... Did Mrs. Carlill

give anything to the company?

The company argues that

Mrs. Carlill, in using the ball...

did absolutely nothing

for them.

All they were interested in

was the sale itself.

The answer to that

is obvious.

Of course, they benefit

from the sale itself...

but beyond this...

consideration does not

necessarily in all cases...

have to pass

to the other party.

Mrs. Carlill suffered

the inconvenience...

of having to use the ball.

She gave something up...

even if it didn't

pass to the other party.

So, you can only have

a binding contract...

when each party gives

something to the other...

or suffers an inconvenience

by or from the other party.

- Damn good.

- A good answer.

Not a complete analysis,

not a hard question...

but the point is

I did it.

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