ABSTRACT
In teaching contract law, there is value in emphasizing a few ‘leading cases’. The majority of judicial opinions filling Contracts casebooks present variations on their central themes. Leading cases also attract scholarly scrutiny. Sometimes it sullies the reputation of one or more of the parties. Three Contracts classics illustrate the point. All three involve parties named ‘Lucy’ (or its derivation, ‘Lucille’). The cases govern some of contract law’s most important concepts, involving formation, consideration, and remedies.
Research into the Lucy Cases has uncovered backstories of avarice, villainy, and incompetence. Lucy v Zehmer is key to understanding the manifestation element of contract formation, yet Lucy has been revealed to be a flim-flamer. Lucy Duff-Gordon’s infamy does not detract from the value of Wood v Lucy, Lady Duff-Gordon when teaching the evolution of consideration. A critique of Willie and Lucille’s hapless lawyer in Peevyhouse v Garland Coal can be used to instruct upon a wide range of contract remedies. Flawed as the participants may be, the cases endure. Bad characters can offer good lessons.
Stockmeyer, Norman Otto, The Leading Lucys of Contract Lore (June 22, 2020).
First posted 2020-07-16 05:20:36
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