You know, I wish they taught us contract law in high school, including pieces of the UCC.

Now people are probably groaning, but I think it would be exceptionally helpful. Really. It would be difficult to teach, because so much of contract law is so nebulous (heck, give me a fairly straight forward contract situation and I can probably argue both sides in such a way that you can see the reasonableness of what I'm saying four or five different ways) but I think it would be extremely useful.

Think about how often in our lives we sign contracts. We sign leases, buy cars, purchase appliances, buy homes, sign contracts for the stories, poems, and art that we sell, we agree to "posted" contracts and to email contracts, we make agreements with friends (and sometimes strangers) without signing anything at all...

But do most of us have any kind of understanding of contracts? Oh I know, we feel pretty savvy, we're willing to change clauses we don't like, walk away from things that look suspicious, but do we actually understand what's going on here?

Maybe I'm being silly. Maybe these things work fine as they are, without anyone understanding them. Really, maybe these things work better this way, with people pretty much doing what they've signed on to do because they *don't* know whether something is really binding or not.

I know, lots of rambles with little information. Contract questions work best by example.

Let's pretend you want to put a gutter on your house. You call a company, they come out and fill out a sheet, and hand it to you, telling you they can do it for $1500 dollars.

Pre-printed in small type at the top of the sheet, it says that the information here may not be verbally negotiated, without being put in writing by the home office. At the bottom, also in tiny type, it says that this offer is only valid for 15 days.

The guy came out on June 1st. On June 17th, you call and say you're interested in getting that gutter, but you also want them to put a gutter on your garage. A guy comes out, tells you no problem, we can do that for an extra $600. You say fantastic, when can you start? He says, we'll be here July 1.

They don't show up. You call, but they say you weren't on the schedule. Angry, you call another company, and that company comes out and says that to gutter your house and garage it'll cost $3000.

What do you think? Did you have a contract with the first company?

And if you understand how contracts can be formed, you can argue this out (this is why you hire a lawyer, I suppose). You can say no, because the offer had expired, and the subsequent offer was verbal (explicitly disallowed by the written offer). You can say yes, because the subsequent verbal offer included by reference the first offer, essentially renewing it. And it is, after all, the nature of contracts to be able to modify terms--so by making a verbal offer, the salesman basically modified the term in the original offer that said "may not be verbally negotiated."

You could also make a pretty good argument that you reasonably relied on the fact that they would be there July 1st--and that you relied on their word to your detriment. (So basically, regardless of what the actual cost is, they owe you those gutters in return for you only needing to pay $2100.)

Which argument would a judge or jury go for? Good question. It would probably depend on other factors that we haven't discussed yet. The point is that this situation, or ones like it, aren't hypertechnical situations that would never happen to a real person, they are pretty down to earth situations. But most people wouldn't even begin to know how to think them through (would most people even consider getting a lawyer? or would most suck it up and pay the extra money, or go without a gutter?).

Did you know that you can make a contract just through your actions? For example, I tell you that I'll send you a fan for $15, and ask if you agree. You don't reply, but send me $15 and I send you the fan. Did we have a contract? What if the fan doesn't work? Can you send it back to me and get your money back?

Or say I offer to mow your lawn for $10. You say yes, and I mow your lawn. You ask me in two weeks to mow your lawn, I do, and you pay me $10. Then two weeks after that, you ask me to mow your lawn.

Are you *obligated* to pay me $10? What if you just give me $5?

What if we have a written contract, that you'll pay me $500 this summer for mowing your lawn, but it says I must mow your lawn every Saturday before noon. I show up at 1p the first Saturday, and you don't say anything. The next week I show up at 2p on Saturday, and you don't say anything. The next week I show up at 1p, and you don't say anything. Can you fire me the next Saturday, when I show up at 1p, because I didn't comply with the contract?

I think these are the things they should have taught us in school.