“A mere condition for a promise is not the same as a request for consideration.”—
Totally true. I know they may seem like the exact same thing, because in both cases Party A says to Party B, “I promise to do X if you do Y,” but there is a very important difference. When a court wants to enforce a contract they call X a request for consideration and when they don’t want to enforce it they call X a mere condition for a promise.
This is awesome. There are two ways of looking at people’s actions, I think. One is to ask, “What would I do?” and compare it to whatever the person actually did. That’s judging. Another is to say, “Why wouldn’t I do what that person did?” That’s empathy.
Ta-Neshi Coates at The Atlantic takes that idea and wraps it into understanding privilege and racism. Worth a read.
“Since 2008, it’s become clear to us in this room that democracy is an inadequate means of determining economic policy in a functioning capitalist society. For capitalism to survive, our nation will ultimately need to shift to a system where the rules are set not by Congress, but by those of us who understand how a market economy really works.”—
Ben Bernanke, Chair of the Federal Reserve, in his remarks as keynote speaker at the 2011 Goldman Sachs Winter Holiday Party. Well then. (via jakke)
Before I totally flip out here, do we have a source for this?
Defendant owes a duty of reasonable care to plaintiff re: physical harm UNLESS that kind of harm stems from failure to assist (UNLESS a duty was created by statute or special relationship) OR from failure to protect plaintiff from harm directly caused by third parties (UNLESS there was negligent misrepresentation OR negligent entrustment OR special relationship OR etc.) etc.
I should just write, “Look, whatever the judge thinks is fair.”
what people think they sound like when they say they don’t own a tv: i’m a high-brow intellectual who appreciates the finer arts what people actually sound like when they say they don’t own a tv: i have no personality and live a miserable existence
i agree on the first…
I would just say one thing - when I was in AmeriCorps I had TV, but no cable, because I had almost no money. We didn’t have wifi either - I used coffee shops and such. So, you know, every once in a great while someone might have a tv because they have zero dollars.
As part of a community service group I was a part of at the time, I volunteered for a Santa Hotline. Premise was that kids called in and asked Santa for things, and I pretended to be an elf. It was pretty entertaining, except for this one conversation. I could not get it out of my head, so I wrote it down when I got home, and I think of it every year.
Girl:Is this Santa?
Me:No, my name is Clarice. I'm an elf.
Girl:Oh, hi! Mom, it's Clarice! She's an elf! Like Rudolph's friend!
Me:What's your name?
Me:And how old are you, Katie?
Katie:Six! And so I have six things I would like for Christmas! Don't you think that's a good idea? Not too many, because I am six years old and so I am asking for six things. And I have another list too, in case you don't have time to make some of these things or if the Workshop is crowded or something.
Me:No, I don't think that's too many. What would you like for Christmas, Katie?
Katie:I want (*deep breath*) a pogo stick and a new leotard and High School musical 3 and a real purse and a book about Junie B. Jones but not where she's in kindergarten.
Me:Okay! Well, I'll pass that along to Santa, Katie.
Katie:THAT WAS ONLY FIVE!
Me:Oh, right, right!
Katie:I have one more thing, but it's a secret. The only person you're allowed to tell in the world world is Santa. Not even my mom. Nobody at all. Can you keep a secret?
Katie:(*voice now in the incredibly loud stage whisper of a little girl*) My dad is in Iraq, which is very far from me. Probably even farther from me than the North Pole.
Katie:For Christmas, I want him to come home.
Me:Well, Katie, I'm really sorry, but that's not the kind of present we make up here at Santa's Workshop.
Katie:(burst of giggles) I'm not expecting you to MAKE me a new daddy! You're silly.
Me:Oh - well -
Katie:Santa has to bring toys Iraq too, right?
Me:Yes, of course.
Kate:Well, my dad can't be that hard to find, not for Santa, and he would fit in Santa's sleigh. So when Santa goes to Iraq he can just pick up my dad. Then when Santa gets to my house, while he puts the presents under the tree daddy can come and see me and say Merry Christmas and we can do a puzzle. Then when Santa is done with his cookies and the presents my daddy can go back with Santa and Santa could take him back to Iraq again.
Me:The problem is, Katie -
Katie:I wouldn't have to see Santa! I'll stay in my room, I promise, and just dad can come up, and Santa can stay downstairs.
Me:I'm sure, but -
Katie:My dad wouldn't be mean to Santa! I bet Santa would even like the company. My dad is good company.
Me:Katie, I'm sure your dad is very good company, and I know Santa wishes he could pick him up and bring him home to see you, and I'm sure your dad wishes he could be home to see you, but Santa can't do that.
Katie:I have been VERY GOOD the WHOLE YEAR. I listen to my teacher and I haven't yelled at Mikey in eighty thirty thousand days.
Me:I know you have been very good, and Santa knows that too, Katie, but -
Me:I heard another person's voice on the other end of the phone, and a woman say something like,
Katie's Mom:Katie, honey, hang up the phone, okay?
Katie:I'M TALKING TO CLARICE.
Katie's Mom:Katie - give - me - the - phone -
Me:I heard a bit of static and noise, then a girl yell,
Katie:IT'S NOT FAIR.
Katie's Mom:(now on the phone) I'm so sorry about that.
Me:Oh - oh, no, please, no apology necessary. She's just a kid who misses her dad.
I remind myself that my dad had our family’s financial future in addition to his own professional future on his back when he went to law school at night while working full-time with two daughters (ages 7 and 3 when he started) at home, and at the end of it, he and my mom were still married and he hadn’t killed any of us.
“Let’s say, just for giggles, that the word was ending. Could be an alien invasion, a pandemic or nuclear annihilation. If one of those scenarios became a news event, how would it be covered?”—David Carr is great.
“In this appeal, we consider the following issue: did the risk to air travel to Scottsdale, Arizona, posed by the Gulf War and Saddam Hussein’s threats of worldwide terrorism substantially frustrate the purpose of the contract?”—
From Scottsdale Road General Partners v. Kuhn Farm Machinery. Plaintiff resort had a contract with Kuhn to hold a convention for his employees in 1991. Kuhn tried to get out of the contract by arguing that - no joke - he and his employees were so scared of Hussein’s possible airpower they didn’t want to fly to Arizona.
Spoiler alert: the court said no. They did not say no the way I would have, though (“Hahahah, are you KIDDING me?”). Court went with, “This is not an objectively reasonably response.”
“I don’t want to ever change my name. It seems scary, and not very nice of boys to take girls names. When I get married, we can just keep our own names. And when we have kids we can use both of our names and we’ll play rock-paper-scissors best two out of three to decide whose last name goes first.”—More wisdom from my eight-year-old little sister
My Eight and Eighteen-Year-Old Little Sisters Are Wise Beyond Their Years
Eight-year-old: Look Lizzie, I just don’t know who I am going to marry yet, okay? I mean, I’m only eight, so haven’t even MET all the boys in the world. I haven’t even met MOST of them yet. I certainly can’t decide which boy I’ll marry until I’ve met at least MOST of them, don’t you think?
Eighteen-year-old: Yeah, we broke up. He was boring. I’m too interesting to date someone boring.
If you receive a Starbucks gift card this holiday season, you should know that it comes with a stealth attack on your legal rights.
In fine print that most customers never see, there’s a forced arbitration clause and a ban on consumers joining together in class actions.
Starbucks tries hard to be seen as a company that cares. It shouldn’t get away with stripping people of their legal rights.
Yeah. And if you Google “arbitration clause” with pretty much any large company’s name, you’ll see so does Comcast, and AT&T, and Verizon, and Apple, and pretty much any company you buy any product, warranty, insurance, or service from that you might want to sue in the future.
Unfortunately, Congress passed the Federal Arbitration Act, indicating a strong policy preference towards arbitration. Pretty much the only time you’re going to be able to sue a company for some kind of tort or breach of contract is if the arbitration clause is unconscionable.
I think arbitration is a pretty dreadful dispute resolution mechanism. If you think so too, go ahead, don’t buy a Starbucks card. But if you want to be consistent, you’ll have to stop having electricity, cable, a cell phone, a computer, internet access, car insurance, life insurance, health insurance (because of healthcare reform, that’s the only case till 2014, if it makes you feel any better), and don’t ever bother buying any warranty ever again.