Contracts Cases

Consideration Land

Enforceable because there was a promise was a subsequent performance

Consideration Land

Not Enforceable because their was a promise for nothing

Enforceable because there was a promise to to put endorsements on her clothes for the implied promise to use reasonable efforts to place endorsements of the designs of the defendant

Enforceable because there was a promise to sell the land of the return promise to purchase within 120 days of leases.

Enforceable because even though there wasn't a great deal for one party, mere adequacy of consideration does not void a K.

Promissory Estoppel Land

Enforceable because the promise to pay met all elements of PE figure it out for yourself.

Promissory Estoppel Land. Enforceable because the promise was made before she decided to retire and met the elements of PE

Promissory Estoppel Land.

Not enforceable, because he was not induced, relied and was not foreseeable

Quasi K land

Not enforceable because there was no benefit or appreciation by the D

Mutual Assent Land (offer)

Enforceable because there was an offer and acceptance. Meeting of the minds

Mutual Assent Land (offer)

Not enforceable because their was no offer, because they were just in negotiations

Mutual Assent Land (offer)

Not enforceable because it was a joke not an offer.

Mutual Assent Land (acceptance)

Not enforceable because you can't accept something before there was even an offer.

Mutual Assent Land (acceptance)

Enforceable because Evertite accepted once they began performance

Mutual Assent Land (acceptance)

Not enforceable because the offeree waited to long to accept and when she decided to accept the offer was already dead. Time Lapse

Mutual Assent Land (counter offer)

Not enforceable because P wants agreement to include other things and in CL acceptance must mirror the offer. Mirror Image Rule

Mutual Assent Land (counter offer)

Enforceable because professor accepted the K and just complaining at the bottom.

UCC 2-204 Land

UCC K formation is easy and in 2-204 as long as the parties act like there is a K we do not need to know all the terms. Terms and conditions are implied in the K. You accept to the terms once you pay. If you don't like it, you could always reject

UCC 2-204 Land

K formation occurs when you make purchase. Unreasonable to have terms read over the phone, so they are implied in the K.

UCC 2-207(1)Before the comma

BC land because their was acceptance with additional or different terms. Then go to (2) to see if applied and they are not because they materially alter the K

UCC 2-207(1) After the comma

AC Land because there offeror makes a condition that it is a counter offer. Then go to (3) to figure out how to apply those additional terms

UCC Land (definitenes)

Not enforceable because even though there can be additional terms not know, the K has to be definite enough so the parties can tell what they have assented to

Negotiation Land

Enforceable K because it was not just the chit chit before the K, the negotiations ripened into an offer

Modification Land

Under Alaska rule modification only needs fresh consideration which was met, but under §89 it needs to be fair and equitable. Jx split

Accord Land

Enforceable because the Accord was met when there a new K. Once you agree to a new K you release the obligations of the previous K.

Revocation Land

Irrevocable because although under the traditional rule where the offer is revocable until offer is accepted the Drennan rule makes the offer irrevocable under promissory estoppel. Trad wasn't fair because always on hook.

Revocation Land

Offer was irrevocable because the Drennan rule.

Remedies (Expectation Interest)

P's expected to have their home on the property with the gravel, that was their expectation interest

Remedies (Expectation Interest)

Given cost of completion vs diminution of value because they acted in bad faith

Remedies (expectation interest)

Given diminution of value because cost of completion is to high and the courts don't want waste

Remedies (expectation interest)

Given diminution of value because cost of completion is to high and the courts don't want waste

Remedies (reliance interest)

They weren't expecting profit so no expectation interest but they were relying on delivery so they want to be put back in as good of position as if the K was never made. Time 0

Remedies (reliance or restitution)

Either because they can try to recover in reliance of the 15 year K or the restitution of the big company getting an unjust enrichment

Remedies (reliance interest)

Relied on the promise by Bacardi that they would stay on board. Can get future wages but can get what they would have had Bacardi not promised and they sold the company.

Remedies (reliance interest)

Just before he signed the K Marathon paced a moratorium on supplying oil. Was in reliance of Marathon's promise, and even though you usually can get lost profits for reliance damages, he was able to to predict lost wages with reasonably certainty. One rare case

Remedies (restitution)

GP benefitted an extra 29 k from the breach and was unjustly enriched so GP has to pay

Remedies (Restitution)

Recovered off the K because Blair retained and appreciated the benefit of using Coastal's Crane.

Quasi K

Remedies (restitution)

Can recover off the K because Zara went back to get the project done, so it showed that the benefit conferred was more than the actual K

Remedies (restitution)

Cant recover on the K when you fully performed but you can recover off the K

Remedies (special performance)

Cant recover via special performance because a furnace was not rare. could have anyone else come and set one up

Remedies (specific performance)

Damages were so hard to calculate the court had to order special performance.

Remedies (specific performance UCC)

The car was so unique in itself and Chevy acted strategically so they granted Specific performance

Limitations (Foreseeability)

It was not reasonable or foreseeable that the mill would be shut down because of this one part. Also they made no specific delivery requests so they could not recover special damages.

Limitations (Foreseeability)

Recoverable because in it was in reasonable expectation of the parties at the time of K formation that if you ship the entire piece of equipment it can't be used. Was in contemplation of the parties.

Limitations (Certainty)

Could not recover expectation damages because you can not calculate the future wages of a new business. It is not calculable

Limitations (Certainty)

Because the data was based on speculation and assumptions the calculation of damages was not certain enough.

Limitations (Mitigation)

Kept building bridge to know where to increase the damages, when you have a duty to mitigate damages, so he could only get damages for before the K.

Limitations (Mitigation)

Fox wants mitigation to apply so they can pay the least amount of damages. movie star wants expectation damages for what she was expected to get. Because the role was so different and inferior mitigation damages don't apply here

Damages land (Liquidation)

Party was using gross receipts to calculate its liquidated damages. The court says there is uncertainty here, but this is within the realm of possibility. They are not exacting a penalty at the time of K formation. This is an enforceable liquidated damages provision.

Damages (Special Issues UCC)

Buyer wants her deposit back, and the seller says there's a liquidated damages provision. Seller has non acceptance damages under 2-708(1)[difference between market and K price] but it was 0. Court say deposit cannot be a liquidated damage because the damages are calculable under 2-708(1)(incidental damages for non acceptance)

Damages (Non-Acceptance UCC) 2-708(2)land

Diasonics wants (2) to apply: If under (1) damages are inadequate to seller we go to 710 for incidental damages. (Lost Volume seller)-- Profit from other sale + profit from the unreformed K.

Emotional Damages land

Leave baby alone. Because the K for taking care of baby is so emotional, you can receive emotional damages.