Tuesday, September 9, 2008

This insanity just wont end

Fucking Contracts. So I go above and beyond and knew the cases without even referring to the case book- It did make it easier however, before class a few of us were talking about the cases and I posed a question about that gawd damn case La Salle v. Vega. The one I asked you all about. The one I almost cried over.

These S.O.Bs (my classmates) #1 couldn't even freaking figure out who the parties were; #2 couldn't comprehend the fact that the Trustee and the Purchasing agent BOTH worked for the bank #3 would not answer my question directly ...not even a hmmm i dunno. They would talk about other crap.

Like my boss does, I started getting very frustrated and kept saying...."THAT'S NOT MY QUESTION!" and "HOW IS THAT RELEVANT TO MY QUESTION!" This went on for like 15 minutes. What was achieved was by the end of my endless repeats about who was who and what they were supposed to do, half the class got it. lucky for them but im still in desperate need for the answer. Super long dumb story short.........I never got an answer.

Prof. Contracts: "MISS *, please tell the class why the bank did not just sign the contract to make D bound."

I FUCKING KNEW IT! I KNEW HE WAS GOING TO ASK ME! DOES HE KNOW THIS HAS TORTURED ME ALL WEEKEND.

Me: "Professor the only thing I can think of is that they either didn't know that their own terms of the contract which specified that upon signature from D, (the offerror (seller and def.) on the banks form with the banks terms) the K would be returned to the bank for final execution by the Trustee, meaning their assent would conclude the K, was absolutely MANDATORY PER THEIR OWN TERMS, OR they just simply forgot to do it." I just don't know.

Prof. K: (answer made no sense) The bank did not execute the K making D legally bound because D by indirect revocation made the offerees power of acceptance dead. Ds indirect revocation was his action of selling the property to a third party.

Me: OK SO WHY THE FUCK IS THE BANK SUING FOR SPECIFIC PERFORMANCE (RETRIEVAL OF PROPERTY) IF THERE WAS NO K, NO EXECUTION BY TRUSTEE! IF THEY KNEW THERE WAS NO LEGAL K, WHY DID THEY WASTE THEIR TIME IN COURT!

I never got an answer and I still don't understand. Other than that.......I did just as I set out to do and nailed it!

1 comment:

Nicole said...

How fricken frustrating... sounded like the prof. regurgitated the answer to the question as he does in countless other classes with no justification to the answer... it is what it is and that's that. Annoying.