Take this bucket and shove it! No tears today.
So I finally attempted to respond to a question my professor posted. He often posts questions, some definitions, some hypotheticals, some multiple choice. Since I am only in week 5, and starting week 6 tomorrow I still don’t know how to do anything but type my name in documents when it come to my legal studies. I’ve been up since 5, started studying at 6:30 am on this fine Sunday morning and I finally made it through .001% of contract law. Gives a whole new meaning to baby steps right?
I proudly watched a lecture about the introduction to contracts and a bit of uniform commercial code, and no, it wasn’t by the disbarred professor. I hand wrote my notes, then turned them into the prettiest outline my 1L hands have ever produced.
By the way watching and pausing the lecture to write notes, finding the subsequent definitions in several other books and files, crafting and composing the perfect definitions, emboldening and underlining the elements and just generally paying attention to what the fuck I am doing cost me a total of 4 hours of my life. For reference the lecture was about an hour.
I’m having trouble keeping up with the live classes, often I post my response too late. I’m just too slow with my responses so spending the time I need to get through the material is my only option at this point.
Anyway, what is the circle of death you ask? Traditional law students will call this the Socratic method aka being called on in class. Since a majority of my learning is done via a message board, the amount of detail one is required to give when answering a question can be brutal. It is a never ending sea and no matter how deep you go, the professor will ask you to go deeper.
It’s time. I’m in week 6 tomorrow and can no longer hide in the shadows. I’ve got to put myself out there, but I don’t want to be like this one student who Britta’s everything in the message boards, I want to be the student that looks like they have their shit together. I’m not a “gunner” either, so just give me a happy medium that still produces A’s. Sometimes I just want to troll that student when they are in a tiff and be like…
Back to the issue of participation. Okay, okay. I admit it. I took it easy. I gathered a list of all of the outstanding questions the professor has asked in about the last 10 months and I chose one I could actually answer. Here it is:
What is an offer?
An offer is a manifestation of willingness to enter into a bargain. An offer requires (1) intent, (2) definite and certain terms, and (3) communication to the offeree.
- Intent: The words or actions of the person making the offer must demonstrate a present intent to enter into a contract.
- Definite and Certain Terms: The content of the bargain can be determined and enforced. Typically this is associated with the mnemonic QTIPS which contains the essential terms of a contract’s formation.
- Quantity: The amount of items being exchanged.
- Time of Performance: The contract must be performed in a reasonable amount of time.
- Identity of the Parties: Who is the offeror [person making the offer] and offeree [person being given the choice to accept]?
- Price: The total cost of the items being exchanged.
- Subject Matter: The contract must clearly identify the item exchanged.
- Communicated to the Offeree: The offer must be communicated in such a way that the person intended to receive the offer understands that an offer is being made.
John knocks on the door and asks Sam if he can buy his house for $200,000 right now. John has made his intentions clear, he has satisfied definite and certain terms, and has communicated an offer to Sam the offeree in a way that is understandable.
Now, yes the other kids just posted the definition of an offer, but Professor always claps back with a question so I tried to be a detailed as I could without getting into other things like Statute of Frauds being satisfied. I know it seems juvenile, but this is a huge step for me. I requires me to have a level of accountability when it comes to my studies, which I need since I’m at a correspondence school.
Hopefully, the circle of death won’t be too bad.