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79 Cards in this Set
- Front
- Back
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Lucy v. Zehmer
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Objective theory of contracts- Reasonable person standing in the shoes of the promissee
Intoxication-If the other person is unable to understand |
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Dougherty v. Salt
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Grandma to grandson
Donor Promise- Unenforceable |
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Hamer v. Sidway
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Uncle-Nephew- Refrain
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Batsakis v. Demotsis
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Greek loan
Reasonable subjective valuation |
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Hayes v. Plantation Steel
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Pension-Retirement
Past Consideration Specific Terms- "Would be taken care of" |
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Kirksey v. Kirksey
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Sister in law could live in house if she drove down
Gratuitous Conditional Promise |
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Ricketts v. Scothorn
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Promised to provide for granddaughter so she quit
Promissory Estoppel |
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Wright v. Newman
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Child-support promissory estoppel by behavior and name on birth certificate
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Allegheny College v. Natinoal Chautauqua Bank
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Charitable Subscriptions
Conditional Gift |
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Baker v. CTC Sales
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Employment until insolvency to keep Barker from other job
Commercial Promise Indefinite term of employment |
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Cohen v. Cowles
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Promise of Anonymity
Promissory Estoppel |
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Bloomgarden v. Coyer
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Finders Fee-
Non Contractual Restitution |
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Mills v. Wyman
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Son sick-promised payment-died-dad didn't have to pay
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Webb v. McGowin
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Employee Saved Employer from Block he Dropped and was crippled
Trailing promise for restitution |
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Raffles v. Wichelhaus
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2 Ships Peerless
Mutual Misunderstanding |
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Owen v. Tunison
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Would not sell for less than
Not an offer |
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International Filter v. Conroe Gin
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Required approval by executive
Notice to offeree not needed Properly formed contract Acceptance only by manner stated |
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Day v. Caton
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Built Brickwall
Implied contract Acceptance by Silence |
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Carnival Cruise Lines v. Shute
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Forum Selection Clause on Ticket
Adhesion Contract Acceptance Issues |
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Dickinson v. Dodds
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Offer til Friday at 9
Revocable offer without option until acceptance |
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Petterson v. Pattberg
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Mortgage with discount if paid off by date
Unilateral Contract Only by the act of handing cash Cordozo Dissent- Act of being present to pay is enough |
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James Baird v. Gimbel Bros.
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Subcontractor quote revoked
No contract, option or promissory estoppel |
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Drennan v. Star Paving
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Subcontractor offer was definite
Wasn't allowed to revoke. |
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Berryman v. Kmoch
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Land contract option not an option and no promissory estoppel
Not consideration when not benefiting other K party |
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Pop's Cones v. Resorts International
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Frozen yogurt on boardwalk
Negotiations included requests for reliance and recommended defiant actions |
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Empro Mfg. v. Ball-Co Mfg.
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Negotiations->Letter of intent
"Subject to" a real K being made No binding force |
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Hill v. Gateway 2000
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Adhesion contract in the box bound person after 30 days without returning it.
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Thompson v. Libby
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Sold logs. P claimed a warranty was made. Parol evidence was not permitted because K was sufficient on its own.
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Mitchill v. Lath
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Ice house. No parol evidence accepted because it should have been included. Natural omission rule.
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Lee v. Seagram & Sons
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Sold share in store. Made oral agreement which was a significant part of consideration. No merger clause.
Permitted oral evidence. |
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Danann Realty v. Harris
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Fraud is not a bar to parol evidence even if there is a merger clause.
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Pacific Gas and Electric v.Thomas Drayage &Rigging
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Indemnity clause in construction was interpreted based on industry standard. Accepted extrinsic evidence to clarify meaning of terms in the contract.
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Frigaliment v. International Sales
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Chickens. Meaning? Multiple acceptable meanings. Meant Chicken. Accepted delivery
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Wood v. Lucy Lady Duff-Gordon
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Designer agreed to have products exclusively sold and marketed. Failed to do so. Would not be consideration otherwise.
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Locke v. Warner Bros.
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Was with Clint Eastwood. Contract to Pay or Play. Did not consider her proposals as stipulated in contract.
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Buckeye Check Cashing v. Cardegna
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Usurious rates claim to be heard in arbitration is challenged in court and sent to arbitration. Illegal action=no, illegal materials involved=no
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Anheuser-Busch v. Mason
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Sold beer to brothel. Contract does not involve breaking the law.
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Hewitt v Hewitt
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No legal marriage. Lived together. Law about marriage and divorce just passed. Contrary to public policy.
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ABC v. Wolf
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Broadcaster agreed not to hear other offers until 45 days before his contract was over. Created an option with CBS til after expiration.
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Williams v. Walker-Thomas Furniture
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Installment plans to buy furniture. Balance was combined on any unpaid items. Held Unconscionable.
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Stirlen v. Supercuts
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Employment contract, procedural unconscionability=adhesion k, substantive uncosionability=arbitration clause only applied to Stirlen's claims not Supercuts
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Coan v. Orsinger
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Law Student free rent if in law school.
Could not complete within one year->statute of frauds Dissent-Termination without breach could occur within one year |
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Crabtree v. Elizabeth Arden
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Employment contract for 2 years. Essential terms. Satisfied statute of frauds.
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McIntosh v. Murphy
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Employment contracts for 1 year. Statute of frauds. Acted reasonably on promise. Enforceable on promissory estoppel not K.
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Hill v. Jones
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Termite damage hidden by boxes. Lied and said it was water. Material because relied on for assent. Asked about Misrepresentation. Recission and Restitution.
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Enhance-It v. American Access Technologies
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Ballast quality. Opinion was not fraud. Lies about testing for 1 year were.
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Totem Marine tug v. Alyeska Pipeline
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Company almost bankrupt. Shipped piping. Economic duress. Took settlement.
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Odorizzi v. Bloomfield Schools
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School district convinced employee to retire. Not undue influence.
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Lenawee County Board of Health v. Messerly
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Unsuitable for intended rental use. Mutual mistake. "As is" clause allocated risk to buyer. No warranty.
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Cummings v. Dusenbury
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Log home certified for living year round. Uninhabitable during winter. Material part of agreement. Unilateral mistake. Recision.
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Transatlantic Financing v. U.S.
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x
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Mel Frank Tool & Supply v. Di-Chem
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x
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Clark v. Elza
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x
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Truman L. Flatt v. Schupf
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x
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Oppenheimer v. Oppenheim
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x
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El Dorado hotel v. Mortensen
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x
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Jacob & Youngs v. Kent
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x
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Holiday Inns v. Knight
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5 year option contract renewed each year. Payment was sent on time but but received late and rejected but based on the spirit of the contract was accepted.
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U.S. v. Algernon Blair
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x
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Transatlantic Financing v. U.S.
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Charter of grain to Iran. Suez Canal closed. Alternative route costed more. Not impossible.
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Mel Frank Tool & Supply v. Di-Chem
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Rented chemical storage unit. Law banning use of certain chem. Not impracticable because could still use other chems.
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Clark v. Elza
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x
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Truman L. Flatt v. Schupf
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x
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Oppenheimer v. Oppenheim
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x
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Jacob & Youngs v. Kent
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Construction with piping by Reading not delivered. Received other brand which satisfied substantial performance in good faith. Awarded difference in price not cost of replacement.
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Holiday Inns v. Knight
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Option to purchase property renewed yearly. Check mailed before due date but returned when received after. Decided based on behavior and receiving benefit that was bargained for.
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U.S. v. Algernon Blair
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Naval hospital. Crain rental to be paid by Blair. Refused to do so. Costal stopped at 28%. Sued for restitution damages because it was a losing contract.
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Hawkins v. McGee
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Hand. Skin graft. 100% good hand guarantee. Expectancy damages difference between hand he has and the one promised.
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American Standard v. Schectman
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Grading of structures. Cost of completion as opposed to difference in property value.
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Walser v. Toyota
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Arranged to establish Lexus dealership. Purchased a lot. Reliance Interest. Declined specific performance because monetary was sufficient
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Hadley v. Baxendale
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Broken mill shaft. Delayed delivery. Damages must be foreseeable at time of contract.
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Florafax v. GTE
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Flower by wire service. Lost collateral contract on GTE breach. Hadley 2 damages
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Rockingham County v. Luten Bridge
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Agreement to build bridge. Repudiation. "Duty" to mitigate by stoping construction. No recovery on damages self imposed.
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Parker v. Twentieth Century Fox
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Feminist movie replaced by Western. Employment mitigation subjective but higher level job more critical evaluation.
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A-S Development v. W.R. Grace
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Real estate sale. 3 proposed methods of calculating damages. Certainty although not 100%.
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Sedmak v. Charlie's Chevrolet
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Daytona 500 car. Specific performance as "other special circumstance"
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Lumley v. Wagner
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Singer. Negative injunction for employment contract.
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Board of County Commissioners of Adams County v. City of Denver
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Airport built. Noise violation dollar amount. Not penalty. Liquidated damages.
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Cotnam v. Wisdom
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Surgeon rendered emergency services. Non promissory restitution.
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