ABSTRACT
This paper advances the thesis that beginning contract law instruction with remedies offers significant pedagogical advantages. While most contract law courses follow a traditional sequence beginning with formation, this paper claims that starting with remedies provides students with a more concrete foundation for understanding contract law’s theoretical underpinnings. The paper traces the historical development of contract law pedagogy from its apprenticeship origins and examines how the traditional formation-first sequence became entrenched in legal education through will theories of contracts in the nineteenth century. The paper demonstrates how a remedies-first approach can better illuminate core theoretical principles and competing frameworks in contract law. While acknowledging that different pedagogical approaches may suit different teaching objectives, this paper specifically addresses theory-oriented educators, showing how beginning with remedies naturally leads students towards deeper theoretical insights about contractual obligations and their enforcement. The paper contributes to ongoing debates about legal pedagogy by offering both theoretical justification and practical strategies for implementing a remedies-first approach in contract law instruction. Through this analysis, the paper aims to enrich pedagogical discourse and provide new tools for helping students develop a more sophisticated understanding of contract law’s theoretical foundations.
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Seyed MA Zavarei, Teaching contracts backwards: benefits of starting with remedies in contract law pedagogy, Law Teacher. Published online: 21 November 2025.
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