Curriculum Guide · Courses
Bargain, Exchange, and Liability
Professor David Super
J.D. Course 002 | 6 credit hours (year long)
Explores the ways in which the law can regulate relationships between individuals. The first half of the course examines the legal doctrines applicable to relationships between strangers. The second half examines the greater range of instruments for regulation that are available when the parties know one another and thus are in position to define their relationship by contract. The unifying theme of the course is examining the ways in which these two areas intersect and interpenetrate. Thus, for example, should the law regulate the relationships between strangers by imagining what they would have agreed to if they had had a chance to negotiate between themselves to define their own relationship (put another way, should the law mimic the market)? Conversely, should the law impose constraints upon contracting parties that deprive them of full negotiating freedom, and if so to what end (put another way, should the law interfere with the market)?
The topics examined in this course are found in the traditional curriculum in the Torts and Contracts courses.
This is a required course for first year students only.