Thursday, April 23, 2009
A Casual Casebook: The Canon of American Common Law
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Here are additional Contracts cases I would consider adding or swapping in:
Carlill v. Carbolic Smoke Ball
Hoffman v. Red Owl Stores
Jacob & Youngs v. Kent
Frigaliment Importing Co. v. B.N.S. International Sales Corp.
Williams v. Walker-Thomas Furniture Co.
Sherwood v. Walker
If I had to swap some out, I'd probably take out Lucy v. Zehmer, Wood v. Boynton, and Webb v. McGowin.
Posted by: Matt Bodie | Apr 23, 2009 5:49:02 PM
I think I'd have to agree with the poster above me, having no real justification for doing so. I'm a current 1L who completed contracts last semester, and the cases he mentioned just seem much more memorable/important in my mind.
Posted by: Robert | Apr 23, 2009 7:22:50 PM
Count me as another vote for Williams v. Walker-Thomas... its articulation of unconscionability is resurgent in many recent mortgage cases.
Posted by: Hauk | Apr 23, 2009 8:01:06 PM
Take out Lucy v. Zehmer?!? You're as high as a Georgia pine!
Posted by: Jay | Apr 23, 2009 11:07:26 PM
Objectively speaking, he was just joking about Zehmer!
Posted by: Lou Mulligan | Apr 24, 2009 9:07:33 AM
For torts, how about Wagner v. Int'l Railway (Cardozo, J.) ("Danger invites rescue. The cry of distress is the summons to relief . . . The emergency begets the man. The wrongdoer may not have foreseen the coming of a deliverer. He is accountable as if he had.").
Posted by: Aaron | Apr 24, 2009 9:37:00 AM
I know you want to leave out Supreme Court cases, but I just don't see how a canon of the American common law can be complete without Swift, Erie, and, from admiralty, at least Jensen (particularly Holmes' dissent: "The common law is not a brooding omnipresence in the sky, . . . ." etc.).
Posted by: anon | Apr 24, 2009 11:40:46 AM
I agree with Matt Bodie on Frigaliment Importing! The issue is, what is a chicken?
Posted by: NYU 2L | Apr 25, 2009 2:01:02 AM
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