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Article
Litigating California Contracts
Hastings B. L. J. (2020)
  • Curtis E.A. Karnow
Abstract
This note focuses on the practical issues of trying a contract case in state court, when issues are presented for both the judge and the jury.  This includes a brief historical account of the development of contract law, when a jury is needed in contract interpretation, the historical test for a right to a jury and an analysis of recent caselaw on the issue, waiver of the right, a detailed outline when there is a right to a jury in connection with the varied claims and defenses often found in contract litigation, use of special interrogatories to the jury, and a practical discussion of how to manage a trial when there are a series of interlocking issues which must be decided by juries and the judge. The note concludes with a section on agreements distributed through the internet, and argues that because it is unreasonable to expect anyone to read them, courts should not treat these as traditional agreements.

Sections 1 and 2 are forthcoming in modified form at 17 Hastings Bus. L. J. __ (2021) and Section 3 is forthcoming in modified form at 18 Berkeley Bus. L. J. __ (2021)
Publication Date
Summer 2020
Citation Information
“Litigating California Contracts,” 17 HASTINGS BUS. L.J. 165 (2021); “The Internet and Contract Formation,” 18 BERKELEY BUS. L. J. 135 (2021)