156 Difference
exchanges with several other students about the rationale of the case (turns 71–79, 80–
86, 87–90, 91–95). Numbers at the left indicate the progression of turns in the class
period.]
96 Prof.: [... omit first part of 1.33 turn, laying out the “major argument for
the plaintiff” in detail... ] What’s happened to the significance of
contract? The enforceability of contracts? Um, let me see, help me
out, ah, oh, Mr.- is it-?
97 Mr. N.: N. [last name]^27
98 Prof.: M.?
99 Mr. N.: N.
100 Prof.: Oh, N., N., L. [student’s first name] N., good-
101 Mr. N.: The court in answering that would say, I guess [... omitted
material (.37 total turn time)... ] I think most of the workers
working for them are probably on a- when you work you get paid,
it’s not really a salary per se except probably the owner.
102 Prof.: Okay, I think you’re merging two responses here. One is the
response about “What is the expectation?” [writing on blackboard],
ah, and your response is “Forget about the workers,” uh okay? Or
do something else. But the other thing is that I think you’re
challenging Ms. L.’s claim that the sanctity of contract requires
enforcement of the full contract price, and you’re saying “no.” [... ]
It’s in recognition that a contract is not an unmediated goal. That
there are times when () contract should be modified. (.09 pause)
There were some more hands? Any more hands right at this
minute, yes, um, Mr. U.?
103 [[class laughter during preceding turn]]
104 Mr. U.: It just seems that like the uh, the construction- the breach of the
construction, is really a victim here of uh, political infighting and as
far as the response to the uh comment that he can just go on to
other things, if when a contractor plans a job, he plans a job that’s
going to last three months, ah, that’s what he- that’s the time set
aside for that job. [... omitted material (1.01 total turn time)... ]
There are a lot of different factors they could have done in
expectation of, uh, making a pretty good week’s pay which, from
the winter, they may not get.
105 Prof.: Um, yeah. Is that what- [noticing Ms. L.’s hand up] -you’re going to
respond to him?
106 Ms. L.: Well, I think I’m on the same line as that where it seems like pretty
common sense to say, “Well, they said that they were going to
breach on the contract and to stop work right there, but because
they didn’t know what authority- who had the authority to breach
on the contract, that they had delayed.”[... omitted material .50
overall turn time... ] If they delayed to wait to find out who was
right in that part, in that issue, then I think it would have cost them
more money than--
107 Prof.: --so, are you // agreeing with Mr. U.? //