Professorial Style in Context 159a fairly standard Socratic exchange between the professor and one student, occu-
pying 70 turns (or 35 question-answer pair-parts) and interrupted only by one “class
turn” (in which the entire class responded in unison “The county” to the professor’s
question “Who breached the contract?”). The first student succinctly summarized
the facts in the case, the court’s decision, and the rule of the case. The exchange
broke down at the point where the professor asked this first student speaker to
explain the rationale behind the rule of the case: “There is now an exception to the
expectation rule, okay? What I want to know is what’s the rationale for that?” At
this point a number of students begin to raise their hands and offer their own ideas
about the rationale, resulting in a discussion that comes very close to being one
among students, with at times only a light degree of moderating from the profes-
sor. Most of the turns in these exchanges are volunteered.
For a different way of managing polyphony in a more conversational class, we
turn to Class #6, which, like Class #3, was taught by a white female professor in a
local law school.^29 Here we see a set of exchanges that at points come even closer to
more informal conversation:
Transcript 7.11 [6/20/7–12]39 Prof.: [... end of a 7.30 turn summarizing the law of contract formation... ]
Give me some idea that you have from reading the cases for today of
what constitutes an offer, and what are you trying to set it up
against? You’re looking to what is an offer and what’s not an offer.
What are some of the things that are not an offer, and what are some
of the features of an offer? (.03 pause) [ no volunteers, professor calls
on student] Nat?
40 Nat: Um an acceptance of an offer is- would kind of be like- it’s at the
last, the ground where it’s the actual- where it actually makes the
contract. An offer is distinguished from an invitation of an offer, is
when the offeror really wants to have the final power of acceptance.
He’d rather have the invitation to offer. That’s why the other person
has to- the other party has to offer so that they can then accept.
41 Prof.: Right. One of the first dichotomies you want to set up when you’re
asking this question about contract formation- and in an exam,
you’re always going to anticipate at least in your first-year course
that some place there is a question of whether or not something’s an
offer or something else. [... omitted material (1.09 total turn time)
... ] What is- how would you describe my statement, “I’m going to
sell my car for $5,000,” if it is not as an offer? Jane?
42 Jane: As an expression of your intent to sell your car.
43 Prof.: Yeah. An expression of a present intent, but no undertaking of a
firm commitment. Ah [... omitted material, detailing three things
that do not count as offers (2.55 total turn time)... ] Okay, Karen, if
you open the mail one day and it’s a letter from the Acme Flour
Company and it says, “I can quote you flour at five dollars a barrel
in carload lots.” And you just realized you need ten carloads of
flour. Could you call up the Acme Flour Company and say, “I
accept,” and make a binding contract?