As finals season approaches, many of us are buried in our textbooks, reviewing case briefs, finalizing outlines and memos, and visiting professors during office hours. In doing so, a few may have encountered the doctrine of “implied warranty of fitness.” For some, this doctrine might sound familiar from contract law.1 For others, it might sound familiar from property law.2 But the “implied warranty of fitness” I’m referring to exists beyond model codes, cases, and classrooms: the implied need to be physically and mentally fit.
For newly minted 1Ls, law school has shown us that we constantly engage in rigorous and complex thought processes, from comprehending unnecessarily convoluted cases and writing legal memos to pondering hypotheticals and participating in competitions. These “mental gymnastics” require countless hours studying in the library and at home on top of regularly scheduled class time—all of which is spent sitting down. Evidently, life in the legal world is largely sedentary, which makes sense considering that physical fitness is neither an ABA requirement nor testable material on the UBE.
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