Original subtitles

It... We don't have all day, Miss Scott.

I don't know how the word mistake applies, sir.

Yeah, you know the word.

As well as anybody.

I'm afraid.

Your son applied to this law school last year?

Yes, he did. He was not accepted?

No. Because his scholastic average was not high enough.

You said equal, Mr. Correll. Well, damn it, treat me that way.

The study of law is something new and unfamiliar to most of you, unlike any

other schooling that you have ever known before.

First years are hard years, much more than we know.

With good friends to love us, we'll feel every blow.

Stay open to all things.

You teach yourselves the law, but I train your minds.

You come in here with a skull full of mush, and if you survive,

you leave thinking like a lawyer.

Oh, wait, could you wait just a second?

Sorry, we're closed.

Please, I need some help. We open at 9 in the morning. It's important.

Okay, what is it?

You're Donna Scott.

Aren't you in my contract law class?

I'm James Hart. I know.

Please, my quarterly tuition is due and my government loan hasn't arrived.

So call Washington.

I did.

They said they mailed it out a week ago. I thought maybe it got misplaced around

here. I doubt that.

Well, could you check?

Look, if I don't pay my tuition tomorrow, I'm gonna be put on

suspension.

I'll put a tracer on it. Thanks.

How long does it take?

The usual. Three, maybe four days.

That's too late.

What am I gonna do?

I guess you better call some of your rich friends.

70. 70? I thought you could only raise 40.

I hacked the clock radio.

139. Hart, I'm a little short. Had to keep one dollar in my checking account

to keep it open.

There you go, Hart.

99 bucks.

Oh, thanks, Ernie.

Wish it was more, but all my bills are due this week.

Hey, Ernie, how about a couple of beers?

Hold on one second.

We got a new policy right here now. Money first, beers later.

No, Hart, an even hundred.

One hundred and one dollars.

That's grouch from everybody.

Practically stood in front of a lamp with a tin cup.

Thank you, Willis.

Well, I'm still a hundred dollars short.

Maybe I should get in a poker game, huh?

Don't you dare.

I'm only kidding.

Listen, Hart, why don't you talk to the bursar? Maybe he'd take the 500 on

account and then wait for the rest until your check comes.

Well, I did that, and Simon Legree said no way.

Who has Kingsfield?

What, to loan me a hundred bucks?

No, to use his influence on the bursar. He wouldn't do that.

He'll never get the sale.

Yeah, but if he doesn't, you won't see me in class anymore.

Mrs. Nottingham. Yes?

I'd like to see Professor Kingsfield this afternoon. Could you make an

appointment for me? His calendar is filled.

Just a couple of minutes. Squeeze me in anywhere.

I'm sorry, that's out of the question. Mrs. Nottingham, please.

Can't you manage somehow?

You don't realize this is vital. Two minutes of his time could save my

future.

I'm begging you, Mrs. Nottingham, try.

Please try.

Mr. Hart, you're making a scene, and you're embarrassing me.

I wouldn't do that for the world, but you're the only one who can help me.

Very well.

You can have an appointment at 3 o'clock, but no sooner and no later.

Thank you, Mrs. Nottingham.

Thank you.

Well, did you get an appointment with Kingsfield?

Next month, I bet, huh? This afternoon at 3 o'clock. This afternoon?

Yeah, I actually managed to get through to Mrs. Nottingham.

Well, you still have to get through to Kingsfield. And you know he doesn't see

students about personal problems.

Oh, this isn't personal. It's financial.

Hey, who's the backbencher?

What's he doing here?

Ford, you know him? My father does. His name's Blair Carell, one of the

wealthiest lawyers in Boston.

Maybe I should hit him up for the hundred bucks.

This

morning,

gentlemen and ladies, we shall review our discussion of... performance.

As you know, there are numerous ways in which contractual duties can be

discharged, other than by actual performance.

An example?

Mr.

Gagarin.

A promisor's duty to perform is discharged when that which he is

promised to do has become, through no fault of his own, objectively impossible

to do.

Exactly.

Now, how does the word mistake enter into this, Miss Scott?

You are out there, Miss Scott.

Ah, yes, yes.

The word mistake.

It... We don't have all day, Miss Scott.

I don't know how the word mistake applies, sir.

I do, Miss Scott.

For example, it is a serious mistake that some of you come to this class

totally unprepared.

Mr. Hart.

Mistake is not a problem of performance. It's a matter of contract formation.

Example, Mr. Hart?

Uh, I promised to sell a plot of land to a friend.

I describe it as being located between Avenue A and Avenue B. He misunderstands

and believes it to be between A and C.

Therefore, there is no contract because of a mistake.

Thank you, Mr. Hart.

So you see, Miss Scott, how one can perform when he or she

is even adequately prepared.

Listen, I'm sorry about what happened in there. You showed me up.

Hey, all I did was answer the question.

And I got put down.

By Kingsfield, not by me.

Well, you ought to know him by now. He's that way with all of us.

I'm not one of you.

What?

Oh, come on. You're not going to pull that one on me, are you? Don't patronize

me, Hart.

I may be here on a path, but don't you patronize me.

Oh, Professor, the dean is waiting in your office with Mr. Carell. Indeed.

I thought you should know.

Thank you, Mrs.

Nottingham.

Gentlemen. Charles, I know you're busy. We won't keep you but a minute. It's

quite all right.

How did you enjoy class, Mr. Carell? Very much, Professor.

It gave me quite an insight.

Indeed. Charles, I didn't have a chance to explain. Mr. Carell is visiting some

of our classes.

He's observing the progress of our minority students, those who were

admitted under the affirmative action program.

I see.

I'm helping prepare legislation that will clarify and improve the recent

Supreme Court ruling.

You refer to the Bakke decision?

Yes. The court ruled that quotas for racial minorities are unacceptable.

It also ruled that race may indeed be taken into consideration in the

admission policies of our universities.

My point exactly. It's a very fine line.

Yes, sir. We do tread a very fine line.

Professor, we don't want to weaken the law.

Only be certain that high standards are maintained.

I'm sure our record speaks for itself.

Of course it does.

And as a graduate of this law school, I want to make sure it stays that way.

And what have you found so far, sir? You're up to standards for the most

part. But in your class today, the black girl seemed to be having difficulty.

Yes, she was.

And so was Mr.

Cunningham.

Oh?

A pattern among student minorities, you think? Mr. Cunningham is Caucasian.

Professor, I have the feeling that you object to my inquiry in this program.

No, no. Not at all.

I'm just curious as to your motivations.

It's quite clear.

Your son applied to this law school last year.

Yes, he did. He was not accepted.

No. Because his scholastic average was not high enough.

It was better than that of some of those students.

May we speak frankly, sir?

You believe that what happened to your son is an example of what is wrong.

with affirmative action.

And Miss Scott's performance in class this morning confirms you in that

belief. I understand she was accepted with only a B-plus grade point.

But she met other conditions, Mr. Corral. At the cost of this law school's

academic reputation.

That is still to be determined.

Exactly why I'm here.

That is your right, sir.

I assume I may visit your class again?

Any time you wish.

Well... I must be going.

Thank you, Professor.

Dean Rutherford.

Charles, did you have to?

Yes, I suppose you did.

You gonna see Kingsfield or not?

Yeah, but Nottingham said three o'clock on the nose.

And that gives me two minutes to get upstairs.

Which is now.

like Mrs. Nottingham, just the way you said.

I'm sorry, Mr. Hart. I've had to cancel your meeting.

You didn't. The professor arranged a meeting with someone else. An emergency.

But I'm an emergency, too.

Mrs. Nottingham, this means everything to me. Please.

Mr. Hart.

Very well.

I'll see what I can do.

You are a student at one of the greatest law schools in the entire world.

You were admitted here because we felt that you would succeed here.

Excuse me, sir. I was admitted here because I'm black.

A half-truth.

However, it is a fact that some years ago, with your grade point average, you

would not have been accepted.

And now that I'm in, people resent it. Another half-truth.

Some people do.

And the only way you have of overcoming that resentment is by succeeding here

and becoming a good lawyer.

Oh, I'll be good.

I'll be better than good.

Not if you don't change your attitude.

I want to help people, real people.

Everyone deserves justice, even poor people.

And you think the poor don't get justice?

They get justice all right. Poor man's justice.

That is a cliché, Miss Scott.

In any event, you won't be in any position to help anyone to get

justice... unless you do better in my class.

It's as simple as that.

What can I do, Professor Kingsfield?

You need help. You should have a tutor.

That's expensive.

If you can't afford it, I'm sure some arrangement can be made.

I'll afford it.

As you wish.

Is there anything else, sir?

No.

Unless you wish for me to arrange for a tutor.

Yes.

Very well.

Good day, Miss Scott.

Mr. Hart is here to see you, Professor.

Well, I told him you could spare a moment. It's an emergency.

All right, send him in.

Yes, what is it, Mr. Hart?

What is it?

Uh, sir, my tuition for the coming quarter is due, and, um...

My government loan hasn't come through yet.

I've managed to raise all but $100 of it.

And I'd like you to use your influence with the bursar into taking the money I

have and waiting for the rest.

Sit down.

Sir? Sit down.

We'll discuss it.

We haven't found your letter yet.

I'm not here for that. Kingsfield's assigned me to be your tutor.

You?

Look, I don't like it any more than you do.

As far as I'm concerned, this is a simple contract. I need the money, and

you need the help.

How much?

Ten dollars an hour.

That's high.

It's the standard rate.

Okay, I'll make it eight. No, don't do me any favors.

Here.

Ten dollars in advance for the first lesson.

That's not white people sitting in my town without bringing a sense of bad

precedent, right, Hart?

And now a toast to Hart, whose money problems are now over, at least

temporarily.

Whoa, listen, speaking of money, I've got a brand-new $10 bill here.

It's an advance on my tutoring sessions. Now, who do I give it to first?

Thank you, sir.

I don't know, Hart.

I still don't buy it.

What?

The fact that Kingsfield is willing to help you all of a sudden?

Look, it's strictly a financial arrangement. I needed the money, and he

told Donna Scott that he'd find her a tutor.

But Kingsfield talked the bursar into giving you an extension and a tuition.

Now, Ford may be right.

That's not like Kingsfield.

All I know is he saved my tail.

Yeah, but what if you don't save hers? Kingsfield's not gonna be too crazy

about that.

I'll do the best I can.

Which may not be enough. You've seen her in class.

When do you start?

Uh, late tomorrow evening, at her place.

It's just like every other one on the block. It's not exactly the high-rent

district. Well, I'll come home by 9.

Oh, hello.

Hi. This is Mr. Hart from the law school. This is my mother.

Mrs. Scott.

How do you do?

You know, I think I've seen you on campus.

You have?

Well, maybe at one of the law school teas.

I work on the culinary staff.

That means she's a waitress.

No, so am I. I mean, I'm a waiter.

Down at Ernie's Tavern.

Someday he's going to be a rich lawyer.

Well, there's nothing wrong with that.

Someday I'm going to be the mother of a rich lawyer. Oh, that is, if you help

her with her work.

I'll do my best.

Well, now, I want to help. How much is it going to cost? Mother, please.

No, I want to.

Now, how much, Mr. Hart?

Well, we talked about 10 sessions at $10 a session.

All right.

Mother, please don't do this.

Now, you're the hope of this family, and I'm going to help you.

Even if you don't want me to.

Mr. Hart, $100.

Oh, it's only $90. Donna gave me $10 in advance.

Well, $90 then.

Now you take care of my daughter.

Thank you, Mom.

Bye-bye.

Bye.

Now that's a nice woman.

I bet you say that about everybody who pays in advance.

Not about you.

Let's get to work.

Okay, boys, where do we start?

Property. I smell an exam.

You're late.

It's ten yards and loss of down.

Sorry. I was on the phone with my father.

You know that guy who was back benching yesterday?

Yeah. Blair Corral?

Mm-hmm.

You know what he's doing here?

Yeah, scout me for his law firm.

He's putting together a dossier on the affirmative action program.

He's looking for evidence of reverse discrimination.

Well, it's about time.

What does that mean, Bill?

I mean, this law school's really gone overboard with this affirmative action

program. Two of my best friends applied here and didn't make it. Being friends

of yours, they probably didn't make the grade.

Anderson, these guys are graduates of one of the finest universities in the

country. They graduated with A-minus averages.

But that's what affirmative action is all about, Bell. It's an attempt to

balance out the inequities in our society. And don't you think it's about

time that we did that?

Yeah, but I'm talking about two very bright guys that couldn't get into this

school. So your poor friends are suffering away at good old Yale, huh?

Columbia.

In this situation...

The courts take the position that the condition of satisfaction is met only

when the contractor is personally satisfied.

Is there more?

Yes.

Provided the contractor's opinion is rendered honestly and in good faith.

Very good.

You mean I'm brighter than I look?

I didn't say that.

It's what you mean, isn't it?

Damn it. Will you get that chip off your shoulder?

Is there something bothering you, Mr. Hart? Yes, you. What the hell are you so

mad about?

You're the one who's shouting. Because you're constantly... Oh, forget it.

Forget it!

I still don't understand the minority view in the last case. Well, neither do

I.

Well, find out. That's what I'm paying you for.

The minority view asserts that personal property satisfaction must be

reasonable, and if not, the condition is excused.

And if you'll excuse me, that's the end of our first lesson.

What time tomorrow?

Same time.

But at school. Meet me at Alumni Park.

Suit yourself.

Lady, I wish I could.

And an express condition, Mr.

Bell? An express condition is one explicitly manifested or stated by the

parties. Can the parties make their obligations conditional or

unconditional, Mr. Anderson?

Either one, sir, but subject to statutory limitations.

And what is the test for implied conditions, Miss Scott?

We cover it then. Tell them.

The test is the usual, reasonable person standard.

The parties must have contracted with specific conditions in mind.

An example, Miss Scott?

Um... I asked for an example, Miss Scott.

I'm trying. And I am waiting.

Well, you'll just have to wait a little longer.

It seems I've waited much too long already. Sit down, Scott.

Mr. Hart?

A man promises to deliver certain goods to the loading dock of a factory.

The loading dock, however...

Look, we covered that material. You knew it. I would have come up with an answer.

I just needed more time.

Well, you could have controlled your temper. Don't tell me how to behave. Not

if you intend to keep on tutoring me.

Straight out, Miss Scott. Tutoring you is the last thing in the world I want to

do. And as soon as my check comes, I'm through.

That's just fine with me.

Hi, Donna.

Mail for the boxes.

Oh, thanks. Here, put these back there for me, please. Sure.

Oh, by the way.

That letter you put a trail sign for James Hart, it turned up. I put it on

top. Okay, thanks.

Dean Rutherford to see you, Professor.

Never keep the dean waiting, Mrs. Nottingham.

Thank you.

Good afternoon, Charles.

Hope I'm not disturbing you. Not at all. Not at all. Sometimes I feel I'm taking

my life in my hands coming here without an appointment.

Mrs. Nottingham must be a direct descendant of Cerberus.

And my office is Hades?

Only to your students, I imagine.

Sit down.

I'll only be a minute.

Oh, you won't forget the tea for the 1Ls at the alumni house this Saturday.

I've already notified my class.

Look, you didn't defy Cerberus to come and talk to me about a tea party.

I have also invited Blair Correll.

Uh-oh.

Well, I thought I should tell you.

He's been wanting to meet the students, talk to them personally.

As part of his investigation of our affirmative action program.

And his intention to modify the Bakke decision.

You can't take a few isolated students as examples.

There are hundreds and thousands of them all over this country.

Granted. But he's here now, and so is Miss Scott.

And Charles, she's failing.

And she's pulling down the average of the others.

Do you want something of me? I don't want to give Correll any more ammunition

than he may have already.

You consider Miss Scott some sort of a bullet.

Yes, Charles.

If she doesn't show improvement, a great deal of improvement, he'll use it.

And I agree with the findings of the court, which adopted the plaintiff's

presentation and awarded full damages.

Very positive opinion, Miss Scott. What makes you so sure?

Well, Miss Scott?

It's not my opinion. It's a ruling. The court's determination was sustained on

appeal. I had the button.

You make a great Kingsfield.

I'll take that as a compliment.

Well, that's it.

That's all?

I'm not trying to cheat you, Scott. An hour. That was our deal.

Yeah, a contract.

Yeah, see how easy it is when we're getting along?

Doing my best.

Yeah, you know the word.

Well, as anybody.

Trouble starts in class.

I know.

Well, if you know.

Afraid.

Afraid?

Yeah.

Sometimes I think I was born afraid.

Oh, no, not that again.

No, not that.

But when people tell you for years you're not good enough, pretty soon you

start to believe them.

Hart, you got into this law school on your own. I'm here because somebody let

me in through the back door.

No way.

how some of those students look at me in that class.

What right have I got to be in this law school when there were other students

with better grades who couldn't get in?

That's not the point.

It doesn't matter whether it's the point or not. It's the way I feel.

And every time Kingsville asks me a question, I have to prove myself.

And that scares me. And when I'm scared, I get mad.

And when I'm mad, I get choked up. Scott, will you do me a favor?

In class tomorrow, will you change your seat, move down front and raise your

hand?

I'm not ready.

You know the work.

And what good is it if Kingsfield doesn't know you know?

Look, the way I see it, the class divides into three groups.

The ones in the back who are afraid, who don't feel they have a chance, so

they're hiding from Kingsfield.

Like me.

Okay, then there's a second group sitting on the sides. They'll chance it.

If Kingsfield calls on them, maybe they'll know the answer.

Everybody else sits in the middle, right in front of Kingsfield.

Like you.

Like people who are prepared, who've done the work. Like you, if you'll give

it a shot.

I'll try.

I'll try.

So, as we have discovered, certain provisions in contract law may be

both covenants and conditions.

So... Now, let us review some of the definitions.

A covenant.

Oh, you've changed your place, Miss Cohen?

Yes, sir.

And the quality of your replies, I trust.

Proceed.

Um... A covenant is an absolute, unconditional promise.

to perform or to refrain from performing some act.

That is a contractual promise to which no conditions are attached.

Example?

Um... Smith tells Jones, if you get me to New York by 8 p.m., I'll pay you

$100.

Jones drives Smith to New York by the appointed time.

Smith's offer to pay was conditional on Jones' performance.

But after it was accomplished, the promise became an absolute covenant.

If Smith fails to pay, he will be guilty of breach of contract.

Thank you, Miss Scott. And may I observe a very noticeable improvement in your

performance.

Thank you.

Way to go, Scott.

How do you feel? Great.

Were you scared?

Yeah.

Yeah, but were you angry?

Well, a little, but then it was all right.

Well, listen, all you have to do now is keep it up.

You'll still help me, won't you, Hart?

Of course. We got a contract.

It isn't exactly equitable.

I held back.

Held back what?

The letter you were waiting for.

It's at the post office.

It came yesterday.

It did?

I should have told you right away. I'm sorry.

I needed your help. Oh, please, don't worry about it. No harm done.

Listen, I gotta go.

Mama? Oh, Donna.

What a nice surprise.

I thought if you were finished, we could go home together.

Well, of course.

Just give me a few minutes to finish up here.

What are you doing with those dishes? That's not your job.

Well, I make it my job. Every time Dean Rutherford has one of his tea parties.

And I use the best china, and I don't aim to serve in anything that's chipped.

Now, they're ready for morning.

Mommy, isn't Saturday your day off? Oh, not when the dean gives a party.

Say, it just occurred to me, the tea is for the 1Ls, and that's you.

You'll be here, too.

I don't know.

I don't think so.

What do you mean you don't think so?

You were asked, weren't you?

Yes. Well, then you've got to be there.

Mama, it's not like a class. It doesn't have anything to do with grades or work.

I don't understand.

You don't want to go, Donna?

It's no big deal.

Because I'll be there serving?

No.

You can't fool me.

It isn't what you're thinking, Mom.

I just don't want to see you waiting on people hand and foot. It's my job,

Donna. Good, honest work. I want something better for you.

Well, I can't do anything better. I never learned.

But you, you have the chance.

Right there in your hand.

You can be somebody.

A lawyer.

And you can stand up proud.

If I make it.

You will.

You've got to.

And I don't want any more nonsense about you not coming to the tea tomorrow.

You'll be with big people, important people.

Mama, what makes you think they want to be with me?

Well, of course they do.

Mama, you don't understand.

They let me in here through the back door. It's like they're throwing me

scraps. Okay.

However you got in, you just see that you stay in.

Now, you take those scraps.

You eat those scraps and you get strong.

And so strong that soon they'll let you in through the front door.

You hear me?

I'll try.

I'll try, Mama.

Okay. We go home and I'll fix us a nice dinner.

There won't be no scraps either.

Great. Delicious.

Anything I can get for you folks? Oh, no, thank you. Oh, we're doing fine,

Mrs. Scott. Well, have a good time.

Thank you.

Mrs. Scott?

Yeah, that's Donna's mother. Oh, I didn't realize that.

You want a cookie? Yes.

Donna's late.

Yeah, just so she shows up.

What are you guys doing?

Mingling, mingling, observing all the amenities.

Saying all the right things.

Delicious. There's Donna.

Oh, she looks terrific.

Donna, hi.

Listen, I didn't think you were gonna make it. Sorry, I'm late.

Don't be silly.

Come on.

Can't sit around here without a cup of tea in your hands.

And by the way, you look fantastic.

Thank you.

Donna. Hi, Mom.

Oh, don't you look nice.

You gotta make a good impression now.

Excuse me. May we have some more tea for Professor Kingsfield and Mr. Carell,

please? Of course. Right away.

Go ahead, Ma.

What?

Nothing.

Would you like cream or lemon in your tea?

Mr. Hart, would you and Miss Scott join us for a moment, please?

Thank you. My pleasure.

Mr. Carell, this is Miss Scott. Mr. Hart.

Both students in my class.

Delighted to meet you, Mr. Scott. Mr. Hart. How do you do?

Mr. Carell has been talking to a great many of our students, getting their

viewpoint on our work here. Very illuminating, too.

Yes, I saw you both in class, didn't I?

An alert response, Mr. Hart. You avoided the trap.

First Kingsfield keeps us on our toes.

Did you do your undergraduate work here in the East, Miss Scott?

Small college, sir. You probably wouldn't recognize the name.

Still, you must have had an excellent record to be admitted into this law

school. I'm here under the affirmative action program.

There's nothing wrong with that. Everyone should have a chance.

Yes, indeed.

Everyone.

Equal chance, of course.

If we all started equally.

Donna. Well, some of us didn't, you know. We needed help to get into a good

school. I certainly did.

I'd be the last to have denied it to you, my dear.

And maybe the first one to take it away again.

Scott.

Mr. Carell wanted to know my viewpoint.

Yes, I certainly did.

There's talk going around campus, Mr. Carell. What you want is to swing the

Bakke decision your way, and that's why you're here. I'm here only to evaluate

performance.

Performance, huh?

What, am I a clown in a sideshow? Donna, please.

I'm not putting on an act for anybody.

I'm a student just like everyone else here, trying to make a career for

myself. And why evaluate me? And against whom?

Hart? Ford?

Logan? Why not them too? You said equal, Mr. Carell.

Well, damn it, treat me that way!

Excuse me.

Donna?

Donna, wait.

Wait! You leave me alone!

No, damn it, listen to me!

Get off my case, Hart.

Can't you see you're blowing it?

So what if I'm blowing it? It's me. It's the way I feel, and I can't change it.

No, I guess you can't.

Well, I still owe you for some lessons. You'll get your money in the morning.

And in the contract between Darden and the National Appliance Company, the

sales order form read in part...

This contract is subject to approval at seller's home office.

Now, that can be interpreted as meaning that this contract is not a contract at

all, merely an offer which the seller is free to accept or reject within a

reasonable time.

Very good, Mr. Ford. And since we still have a moment, would anyone care to make

a brief comment?

Miss Scott?

Not only have you changed your seat, but you appear to have lost your enthusiasm.

I don't have any comment, sir.

Exhausted by your little outburst the other afternoon, no doubt.

That is all.

Hart, she's right back where she started. Maybe worse.

Tell me about it.

Well, what are you going to do about it?

What am I... Since when am I your keeper?

Oh, Mr. Hart.

No, I don't have an appointment, Ms. Nottingham, but I did get a message from

Professor Kingsfield. He wants to see me. I'm aware of that, and he's waiting

for you. Thank you.

You wanted to see me, Professor Kingsfield? Not in the least, Mr. Hart.

But it seems I must.

I was counting on your help with Miss Scott.

It just didn't work out, sir. That is a very lame excuse.

Sir, she is stubborn, and she just won't listen.

I mean, you saw her at the faculty tea.

I saw a very angry and very frightened young woman.

Well, I just can't get through to her, sir.

Perhaps you can understand her feelings.

If you'll excuse me, sir, aren't you contradicting yourself?

Haven't you always taught us that feelings and emotion have no part in the

law? Not in the teaching nor in the administration of the law, but in the

creation of the law, they do play a part.

Without passion, there would be no protest.

Without protest, there would be no change.

Without change, Miss Scott would not be here.

But she is here.

She's getting a break.

She's in this law school, so what's she so mad about?

Fear of losing what you call a break.

Can she stay?

Can you stay?

Me?

Perhaps you're not aware of the brief, the amicus curiae brief that was

submitted to the Supreme Court at the time they were deliberating the Bakke

decision.

I've marked the pertinent passage.

Scholarly excellence is not the sole, even predominant condition for a

student's acceptance in this school.

The race of an applicant may tip the balance in his favor, just as geographic

origin or life spent on a farm may tip the balance in other candidates' cases.

I'm from a farm.

Yes, Mr. Hart.

And how do you know that did not affect your admission?

We are all minorities.

in one way or another.

Tomorrow, Mr.

Carell is going to visit our class again.

I suggest that you make quite sure that Miss Scott is fully prepared.

Yes?

I looked for you at the post office.

I took the day off.

What's your problem?

Expecting another check?

No, I just came to apologize.

For what?

I'm the one who raised all the hell.

Yeah, but I wasn't any help. I was just being stupid.

So now you want to hold my hand.

Don't bother, Mr. Hart.

Wait, wait a minute.

Look, I'm just trying to say I was wrong, and I want to go on tutoring you.

Why? You need the money?

No, it has nothing to do with money. Just forget that.

Out of the goodness of your heart, huh?

I won't fight anymore, Dinah.

Let me know when you're ready to stop.

Today, for the benefit of our distinguished visitor, Mr. Blair

Correll, we will deal with a hypothetical case.

Smith versus Jones.

Ms. Smith and Mr.

Jones enter into an agreement.

He is to perform a particular service for her and be paid a fee.

But he has entered into the agreement somewhat unwillingly.

Miss Smith is also reluctant.

Still, their individual needs make the agreement necessary.

Sometime after Mr. Jones began, he withdrew, repaying the advance fee.

Miss Smith accepted his decision and his money.

Subsequently, for reasons of his own, Mr. Jones asked to resume his contract

and was refused.

Who then, if either party is in breach of contract, if indeed there ever

was a contract?

Mr. Hart.

First of all, sir, I don't believe there was a contract in the true meaning and

spirit of the word since one of the parties didn't devote himself to the

aims of the other, to the purposes for which the agreement was made. He simply

entered into it for...

For his own singular purposes.

When you use the word he, you refer to Mr.

Jones, I presume?

Yes, sir. And in any event, since Jones withdrew, Smith had every right to

refuse resumption.

So if there can be a breach in a non-existent contract, the fault lies

with Mr. Jones.

Sir? Yes, Miss Scott?

Contrary to Mr. Hart's opinion, there was indeed a contract.

Not only for Joan's services, but implicitly for services still to be

rendered by Miss Smith. And since she did not perform, in fact, she refused...

Not the conditions I stated, Miss Scott. You stated individual needs, sir,

without defining them. I believe I should be free then to use them in my

own manner.

Debatable. But for the sake of argument, please continue.

There is a doctrine known as discharge by impossibility of performance.

Under this doctrine, a promisor's duty to perform a service is discharged when

that which he is promised to do becomes, through no fault of his own, objectively

impossible.

Mr. Jones found himself in this position.

Miss Smith has breached the contract.

Unclear, Miss Scott.

Miss Smith had entered into a prior contract, a greater one.

which could provide a substantial return on her personal investment.

The contract with Mr. Jones hinged on it, but he didn't know it.

When Miss Smith... When she blindly defaulted on her prior contract, it

became impossible for Mr. Jones to perform.

I repeat, sir, Miss Smith is in breach, regrettably, and she

hopes she can withdraw her decision.

Any rebuttal, Mr.

Hart?

Uh, no, sir. Miss Scott's argument was very convincing.

Indeed.

Scott, I believe you have finally found the right seat.

And I trust you'll keep it.

much more than we know with good friends to love us we'll

feel every blow stay open to all things and one