Monday, May 1, 2006

Double Jeopardy

Study Session boy kidnapped me and forced me to study from 10:30 a.m. until 7:15 p.m. (with a dinner break at Chockie's TGI Fridays). He wants to get together again Wednesday after my exam in order to go over old exams.

At first I thought this has to be some sort of violation of Double Jeopardy, but then I realized we'd only litigated the outline he gave me on the merits and not the old exam so I think I can be forced into another study session, even though I've already spent 3 times longer then I wanted to studying for this exam.

I've also been pondering if my acceptance of his outline constituted an implied promise to study. Specific performance can't be granted so what would his remedy be, it seems harmless to not get to study with someone who is completely unprepared so I don't think any damages could apply. Maybe the court would put us in the situation had the contract not been made, but then I have to give the outline back, which would suck.

Clearly, I suck at contracts and there isn't a way I can get out of this 2nd study session without looking like a jerk, especially since he made me promise we would go over old exams as a condition of my release today. Then again, it could be argued that promise was obtained under duress. 9 Hours of studying, I think it's safe to say anyone would reasonable believe they were in duress and had no other choice.

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