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Knowledge Management Class Notes_104303728-CONTRACTS-Class-Notes

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CONTRACTS class notes 10/27 “Thinking like a lawyer” by Brickman principal of logical relevance. Logically prove assertions derive conclusions with no gaps of reasoning. Relevance be concise say o more no less than u have to. Office Hours Doesn’t really keep them. Just drop by. Brickman on the textbook Kessler and Sharp (??) saw contract law as a “series of contradictions.” (theme vs. counter-theme) “Paired opposite” = thrust vs. counter-thrust • Core syllogism of all law schools subjects • If A then B o if the facts are such and such (A) then the outcome is B • BUT If C then D o if the facts are different such and such (B) then the outcome is D one lawyer arguing facts A, one lawyer C only matters what jduge buys into Legal rules “travel in pairs of opposites” • in some cases you’ll see explicit paired opposites o look for “If...” and “But if...”  this will clearly indicate a legal syllogism • some cases you’ll have to construct the paired opposites yourself Book is organized with “paired opposite” cases • often older, Common Law case and more recent (statutory?) case o similar facts, different outcomes anytime u bought exclusive rights you can exclude others from competing who have not purchased exclusive rights. ................................................................................................................................................ Pittsburgh Athletic Club Hypos 1) Operation Sail-Bye 1. Yes 2. Yes 3. ...
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