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History and Theory of Contract Law (Farr)
Fall 2020   LAW 982-001  

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Meeting Times/Location
R 1:00PM - 3:00PM

Faculty
Brittany Farr

Sharswood Fellow

bfarr@law.upenn.edu
Additional Information

Skills Training
Expository Writing

Grading
40% Participation,
60% Paper

Satisfies Senior Writing Requirement

No

Location

Class meets online.

Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.

I offer the following to students who miss class due to illness:

- Please make an appointment to meet with me and I will review/answer questions about what you missed.

Category
Seminar

Credits
3.0

This seminar will investigate topics in the history of contract law, focusing on the history of slavery in the United States, legal and critical theories of capitalism, and the moral theories underlying the justification of contractual obligations. Students will learn to use the resources of history and critical theory to address fundamental questions in contract law: What does it mean to have an “objective” theory of contract? Is there such thing as freedom of contract? What is the relationship between contracts and promises?

The topics discussed will include: slavery’s role in the development of commercial law; the historical role of gender in the writing and interpretation of contracts; the relationship between deregulation and contract law; the rise of arbitration; the role for contract law in the sharing economy; and how contract law is taught in law schools.

No prerequisites.

Course Concentrations

Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.

Perspectives on the Law Learning outcomes: Demonstrate an understanding of how the law affects, and is affected by, the individual course topic; Perform legal analysis in the context of the individual course topic; Communicate effectively on the legal and other aspects of the individual course topic; Demonstrate the ability to use other disciplines to analyze legal issues relevant to the individual course topic, including economics, philosophy, and sociology, as appropriate.

Equity and Inclusion Learning outcomes: Demonstrate a core understanding of the varied legal aspects of equity and inclusion; Perform legal analysis in the context of topics related to equity and inclusion; Communicate effectively on the legal aspects of equity and inclusion; Demonstrate an understanding of how equity and inclusion are connected to and affected by a wide variety of legal and regulatory structures and doctrines.