Stephanie Ben-Ishai 2014

Osgoode Professional Development

Osgoode Hall Law School
COURSE OUTLINE
Course Number and Title: Contracts GSLaw6840
Term:

Summer 2014

Course Instructor: Professor Stephanie Ben-Ishai

Time and Location
1 Dundas Street West, 26th Floor
August 25-29, 2014
9-5pm
Expanded Course Description
This course is intended to introduce students to the most basic doctrines in contract law (or the
study of the legal enforcement of promises) and to engage in a rigorous examination of these
doctrines. In this course we will ask both descriptive and normative questions. That is, what
promises will the state enforce and how can we justify state coercion as a means of enforcing
promises. This course is intended to help students develop an understanding of the various
theoretical underpinnings of contract law and an ability to discern patterns in judicial
enforcement.
This course does not involve simply the memorization of fixed, immutable rules and principles.
This course is as much about learning critical reasoning skills as it is about learning contract law
doctrine.
Course Learning Objectives
The following are a few general learning objectives for the course. There are additional learning
objectives listed at the beginning of each chapter in your casebook.
a.

I would like students to be able to articulate legal rules and principles derived from
the case law; to place legal rules in their historical and social context and to articulate
the values and purposes that are served by those rules; and to display an acquaintance
with the major theories of contract law and its development.

b.

I would like students to be able to articulate and anticipate the problems that may
arise in the context of promise making, breaking and exchange and to explain
methods of avoiding or resolving these problems.

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c.

I would like students to be able to identify areas in which contract law is uncertain or
inadequate to achieve its intended purpose; to articulate the alternate values and
purposes that could and should be served by the law; and to suggest and support
avenues of development and reform.

Course Text / Readings

The required text for this course is: Stephanie Ben-Ishai and David Percy, eds. Contracts Cases
and Commentaries, 8th Edition (Toronto: Carswell, 2009). The page references in the Reading
List/Detailed Schedule are to this text.
Teaching and Learning Method
I believe that teaching and learning involve a true partnership with responsibilities incumbent on
both teachers and learners. My goal is to engage with you, encourage you and inspire you to
stretch intellectually. I take seriously my responsibility to teach to the whole classroom. My
objective is to facilitate the creation of a non-threatening classroom environment while
effectively managing classroom diversity and student motivation.
Reading List/Detailed Schedule
*NB: This schedule is subject to change with notice from the Professor*
**The topics and page numbers below correspond to the topics and page numbers in the CB =
Stephanie Ben-Ishai & David R Percy, Contracts: Cases and Commentaries, 8th ed (Toronto:
Carswell, 2009)**
Day/Time
August 25
9-11
11-11.15
11.15-1.15
1.15-2.15
2.15-4.15
4.15-4.30
4.30-5
August 26
9-11
11-11.15
11.15-1.15
1.15-2.15
2.15-4.15
4.15-4.30
4.30-5
August 27
9-11
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Topic/Reading
CB: 1-14; 779-919
Introduction/Remedies #1
Break
Remedies #2
Lunch
Remedies #3
Break
Questions
CB: 15-169
Offer and Acceptance
Break
Certainty of Terms
Lunch
Enforcement of Promises #1
Break
Questions
CB: 169-316
Enforcement of Promises #2
2

11-11.15
11.15-1.15
1.15-2.15
2.15-4.15
4.15-4.30
4.30-5
August 28
9-11
11-11.15
11.15-1.15
1.15-2.15
2.15-4.15
4.15-4.30
4.30-5
August 29
9-11
11-11.15
11.15-1.15
2.15-4.15
4.15-4.30
4.30-5

Break
Enforcement of Promises #3
Lunch
Privity of Contract
Break
Questions
CB: 353-540
Reps and Terms #1
Break
Reps and Terms #2
Lunch
Standard Form Contracts
Break
Questions
CB: 665-778
Protection of Weaker Parties
Break
Illegality and Public Policy
Review
Break
Questions

Evaluation and Due Dates

Student Presentation and Short Paper: 35% - The Short Paper is due Monday, September 22,
2014. The short paper is to be submitted through the Moodle course website preferably in
PDF format.
Final Exam: 65%- Scheduled September 15, 2014 [7:00pm-10:00pm] Monday
Grading
The only letter grades that are permitted by the Faculty of Graduate Studies are the following:
A+, A, A-, B+, B, C and F. Students may take a limited number of courses for degree credit on
an ungraded (pass/fail) basis.
IMPORTANT COURSE INFORMATION FOR STUDENTS
All students are expected to familiarize themselves with the following information, available on
the Senate Committee on Curriculum & Academic Standards webpage (see Reports, Initiatives,
Documents) - http://www.yorku.ca/secretariat/senate_cte_main_pages/ccas.htm
Academic Honesty and Integrity
York students are required to maintain high standards of academic integrity and are subject to the
Faculty of Graduate Students and the Senate Policies on Academic Honesty.
http://www.yorku.ca/grads/policies/academichonesty.htm
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http://www.yorku.ca/univsec/policies/document.php?document=69
Please see the following website which provides complete information about academic honesty.
Students are expected to review the materials on the website. Every student should complete the
tutorial on academic honesty available at this site.
http://www.yorku.ca/academicintegrity/students/index.htm
Access/Disability
York provides services for students with disabilities (including physical, medical, learning and
psychiatric disabilities) needing accommodation related to teaching and evaluation
methods/materials.
Additional information is available at www.yorku.ca/disabilityservices.
Ethics Review Process
All Osgoode students are required to abide by Osgoode Hall Law School Procedures for Ethics
Review of Student Research Involving Human Participants, available on Osgoode
http://www.osgoode.yorku.ca by selecting Current Students and then the link for Research
Ethics . Research includes questionnaires, interviews and surveys. For more information,
please see the full details of the Procedures.
Religious Observance Accommodation
York University is committed to respecting the religious beliefs and practices of all members of
the community, and making accommodations for observances of special significance to
adherents. Should any of the dates specified in this Course Outline pose a conflict for you,
please advise your Instructor as early as possible.
Student Conduct
For the most current information, please go to the CCAS webpage (see Reports, Initiatives,
Documents): http://www.yorku.ca/secretariat/senate_cte_main_pages/ccas.htm.

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