Read the Question! Read the Rule!

Welcome to the Naked Law Professor!  Many sources encourage students to read the call of the question before reading the fact pattern.  That is sage advice.  I would like to add when approaching a rule of law that you must read it carefully, in its entirety, and analyze all applicable parts of the rule.

I recently facilitated a law school sponsored study session where I used part of the session to go over last semester’s Contracts I exam.   One thing that never fails to surprise me is how many students fail to analyze a complete rule of law.  I am not talking about the depth or quality of the analysis, I am literally talking about completing their read and inclusion of the rule itself.  The following is a simple, yet illustrative example. 

The Restatement, Second §15 Mental Illness or Defect states:

(1)    A person incurs only voidable contractual duties by entering into a transaction if by reason of mental illness or defect

a.       He is unable to understand in a reasonable manner the nature and consequences of the transaction, or

b.      He is unable to act in a reasonable manner in relation to the transaction and the other party has reason to know of his condition.

(2)    Where the contract is made on fair terms and the other party is without knowledge of the mental illness or defect, the power terminates to the extent that the contract has been so performed in whole or in part or the circumstances have so changed that avoidance would be unjust.  In such a case a court may grant relief as justice requires.

My exam question addressed in part a salesman who entered into a contract with an elderly woman with a brain tumor.   Most students spotted the issue and addressed section one (a & b).  However, many failed to address section two.  Few analyzed whether the transaction itself was fair, and should be voided.

Now you may posit that those students were merely nervous (it was their first law school exam ever), careless or just unprepared.  I think the problem runs much deeper.  There is a phenomenon where law students are so excited about spotting the issue that they do not slow down to actually fully read the question, process the rule, and then complete their analysis.   Stay tuned for ongoing tips on analysis.