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November 1994

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Subject:
From:
Kenneth Schneyer <[log in to unmask]>
Reply To:
Academy of Legal Studies in Business (ALSB) Talk
Date:
Sat, 12 Nov 1994 14:22:13 -0500
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Here's one for all of you who like to use current events
in your classes.  (And it wouldn't be a bad topic for the
rest of us to discuss, either...)
 
The Republican Party (or at least certain members of it)
widely publicized the signing of a document it called the
Contract with America.  I have not read this document, but I
gather that it was a list of things these candidates promised
to accomplish (or to try to accomplish?) if a Republican majority
was elected in 1994.  It seemed to be very specific, and it seemed
to ask for a very specific sort of consideration, e.g., enough votes
to get the majority.
 
The interesting question:  Is this really a contract?  That is,
if these candidates do not accomplish these things (or do not make
good faith attempts to accomplish them), could a voter who supplied
the consideration to a particular candidate, e.g., voted for him,
sue for breach?
 
It occurs to me that there are probably extant cases involving campaign
promises.  But this is not just any old campaign promise:  It's something
the maker's explicitely called a "contract."
 
What do you think?
 
 
Ken
 
 
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"Sic transit gloria mundi, and Tuesday is usually worse."

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