Boston University School of Law

JD716 Real World Contracts


"Real World Contracts" is an experimental course based on a new book by Zarfes & Bloom, "Contracts: A Transactional Approach" (Wolters Kluwer 2011). The book collects actual contracts from significant business transactions with notes on relevant legal issues and commentary from lawyers and business people. Assuming you have a business deal being negotiated by competent lawyers on both sides, the problem is not (as it often is in Law School Contracts), "how do we make an enforceable agreement, or enforce one if we have it?" We already know how to do those things. Instead, the focus is on standard lawyers' techniques for addressing selected business problems that a written agreement can potentially resolve. This is not a class on contract drafting or simulated negotiations. (We might possibly work in some minor drafting exercises, if time permits and it seems worthwhile.) Mostly we will be reading actual contracts, together with associated case law, statutes, and commentary, to answer the question, "What are these people trying to accomplish, and how are they going about it, and why are they doing it that way?"