Discussions of "basic" non-governmental contracting allow the exploration of the division between equity and law in old British courts, the fact that this has been largely abolished in the United States, and the place that ethics now holds in our system. Social and ethical issues are raised in attempts to contract with incompetents, in the affects of breach, and in the requirement to attempt to mitigate damages. Governmental contracting speaks to social issues of the greater good and caveat emptor. Negotiations allows social policy for and against litigation.