Hadley v. Baxendale
Brief

View this case and other resources at: Citation. ...

Hadley v. Baxendale
Brief

View this case and other resources at: Citation. ...

Hadley v. Baxendale
Brief

View this case and other resources at: Citation. 156 ER 145, Volume 156 ...

Hadley v. Baxendale
Brief

View this case and other resources at: Citation. ...

Valentine v. General American Credit, Inc.
Brief

View this case and other resources at: Citation. 420 Mich. 256 (Supreme Court of Michigan, 1984) Brief Fact Summary. Sharon Valentine (Plaintiff) sought to recover mental distress damages from General American Credit (Defendant) arising out of the alleged breach of an employment contract, claiming that she was entitled to job security and the peace of mind associated with job security. Synopsis of Rule of Law. A person discharged in breach of an employment contract may not recover mental distress damages.  Exemplary damages may not be awarded in common-law a ...

Spang Industires, Inc., Fort Pitt Bridge Divisions v. Aetna Casualty & Surety Co
Brief

View this case and other resources at: Citation. ...

Remedies for Breach of Contract
StudyBuddy

CHAPTER 18 Remedies for Breach of Contract §18.1 THE SCOPE OF THIS CHAPTER Because a contract creates obligations enforceable in law, its breach by one of the parties entitles the other to commence action to enforce it. This action may be a suit in court, or, where parties have so agreed, may be by some form of alternative dispute resolution, such as arbitration. This does not mean, of course, that the victim of a breach will inevitably take enforcement action. For most people, litigation or arbitration to enforce the contract is usually the last resort, after it becomes clear that the bre ...

Table of Cases
StudyBuddy

Table of Cases Alaska Packers Assn. v. Domenico, 117 F. 99 (9th Cir. 1902), 54 C.C.A. 485 Alden v. Presley, 637 S.W.2d 862 (Tenn. 1982) Allegheny College v. National Chautauqua County Bank, 159 N.E. 173 (N.Y. 1927), 246 N.Y. 369 Aluminum Company of America v. Essex Group, Inc., 499 F. Supp. 53 (W.D. Pa. 1980), 29 UCC Rep.Serv. 1 America’s Directories, Inc. v. Stellhorn One Hour Photo, Inc., 833 N.E.2d 1059 (Ind. App. 2005) American Standard, Inc. v. Schectman, 427 N.E.2d 512 (N.Y. 1981), 443 N.Y.S.2d 1027, 54 N.Y.2d 604 Anderson v. Douglas Lomason Co., 540 N.W.2d 277 (Iowa 1995), 131 ...

ANSWERS TO SHORT-ANSWER QUESTIONS
StudyBuddy

ANSWERS TO SHORT-ANSWER QUESTIONS 1. No, because Dorothy’s statement was not an offer, but rather a statement of her intention to contract in the future. An offer requires the present intention to enter into a contract; here, Dorothy did not intend to create in Wicked Witch the immediate power of acceptance. Therefore, no contract results. 3. Yes, probably. If a reasonable person in Oppenheimer’s position would have no reason to know of the value of the plutonium (or any other reason for thinking that Einstein was joking), then under the objective theory of contracts, Einstein’s offe ...

CAPSULE SUMMARY
StudyBuddy

CAPSULE SUMMARY SUMMARY OF CONTENTS OF CAPSULE SUMMARY INTRODUCTION OFFER AND ACCEPTANCE CONSIDERATION PROMISES BINDING WITHOUT CONSIDERATION MISTAKE PAROL EVIDENCE AND INTERPRETATION CONDITIONS, BREACH AND OTHER ASPECTS OF PERFORMANCE ANTICIPATORY REPUDIATION AND OTHER ASPECTS OF BREACH STATUTE OF FRAUDS REMEDIES CONTRACTS INVOLVING MORE THAN TWO PARTIES IMPOSSIBILITY, IMPRACTICABILITY, AND FRUSTRATION MISCELLANEOUS DEFENSES WARRANTIES DISCHARGE OF CONTRACTS ...

EXAM TIPS
StudyBuddy

EXAM TIPS TABLE OF CONTENTS for EXAM TIPS   OFFER AND ACCEPTANCE Offer Acceptance Unilateral Contracts Acceptance Varying from Offer Duration of the Power of Acceptance Firm Offers and Option Contracts Temporary Irrevocability Indefiniteness Misunderstanding CONSIDERATION Consideration Illusory Promises PROMISES BINDING WITHOUT CONSIDERATION Modification Assignment Guaranty Promis ...

TABLE OF CASES
StudyBuddy

TABLE OF CASES Adams v. Lindsell Alaska Packers Ass'n v. Domenico Algernon Blair, Inc., U.S. v. Allegheny College v. National Chautauqua County Bank of Jamestown Angel v. Murray Armendariz v. Foundation Health Psychcare Services, Inc. Austin Instrument, Inc. v. Loral Corp. Balfour v. Balfour Batsakis v. Demotsis Boston Ice Co. v. Potter Bovard v. Amer. Horse Enterprises, Inc. Brackenbury v. Hodgkin Britton v. Turner Broadnax v. Ledbetter Brower v. Gateway 2000, Inc. C. Itoh (America), Inc. v. Jordan Int'l Co. Carlill v. Carbolic Smoke Ball Co. ...

CAPSULE SUMMARY
StudyBuddy

CAPSULE SUMMARY This Capsule Summary is intended for review at the end of the semester. Reading it is not a substitute for mastering the material in the main outline. Numbers in brackets refer to the pages in the main outline where the topic is discussed. The order of topics is occasionally somewhat different from that in the main outline. Chapter 1 INTRODUCTION I. MEANING OF “CONTRACT” A. Definition: A “contract” is an agreement that the law will enforce. 1. Written v. oral contracts: Although the word “contract” often refers to a written document, a writing is no ...

TABLE OF CONTENTS
StudyBuddy

TABLE OF CONTENTS Preface Casebook Correlation Chart Capsule Summary Chapter 1 INTRODUCTION I. MEANING OF “CONTRACT” A. Definition II. VOID, VOIDABLE AND UNENFORCEABLE CONTRACTS III. ECONOMIC ANALYSIS OF CONTRACT LAW IV. SOURCES OF CONTRACT LAW Chapter 2 OFFER AND ACCEPTANCE I. INTENT TO CONTRACT A. Mutual assent B. Objective theory of contracts C. Intent ...

CONDITIONS, BREACH, AND OTHER ASPECTS OF PERFORMANCE
StudyBuddy

Chapter 7 CONDITIONS, BREACH, AND OTHER ASPECTS OF PERFORMANCE ChapterScope This chapter deals with the performance of contracts. In particular, it deals with when and how the parties owe each other performance under the contract, and with how the existence of a breach of contract is determined. Key principles and terms: Condition: A “condition” is an event which must occur before a party's performance is due. Conditions can be either “express” or “constructive.” Express:An “express” condition is a condition on which the parties have agreed (either explic ...

REMEDIES
StudyBuddy

Chapter 10 REMEDIES ChapterScope This chapter deals with the different remedies that are available to the nonbreaching and breaching parties to a contract. Key concepts: Equitable relief: The equitable remedies of specific performance (an order to render a promised performance) or an injunction (an order to refrain from doing something) will be directed by the court where certain requirements are fulfilled. Most importantly, it must be the case that money damages would be an inadequate remedy. Remedies at law (money damages): Ordinarily, however, in contracts cases the r ...

Table Of Cases
StudyBuddy

TABLE OF CASES Alexander v. Medical Assoc. Clinic Anjou v. Boston Elevated Railway Co. Ash v. Cohn Ault v. International Harvester Co. Avila v. Citrus Community College District Baker v. Bolton Barker v. Lull Engineering Co. Barr v. Matteo Baxter v. Ford Motor Co. Becker v. IRM Corp. Bennett v. Stanley Berkovitz v. U.S. Bierczynski v. Rogers Bigbee v. Pacific Telephone & Telegraph Co. Bird v. Jones Bivens v. Six Unknown Named Agents of FBI Blakeley v. Shortal’s Estate Blyth v. Birmingham Waterworks Co. Bonkowski v. Arlan’s Department Store Boomer v. Atlantic Cement ...

DUTY
StudyBuddy

Chapter 8 DUTY   This chapter covers several quite distinct scenarios where courts may hold that P cannot recover because D did not owe P any “duty.” The main concepts in this chapter are: Failure to act:  The law does not impose any general “duty to act.” Therefore, as a general rule, D cannot be liable for merely failing to give P assistance. (But there are many exceptions.) Effect of a contract:  Where the source of D’s duty to P lies in a contract, courts usually do not allow P to sue in tort for D’s failure to perform, and instead require that the suit be bro ...

Contracts Questions & Answers
Exam Prep

1) Patricia's employer fired her after only three months in the job, in breach of a twelve-month employment contract. Patricia is entitled to recover as damages A. her salary for twelve months. B. her salary for nine months. C. her salary for nine months, less what she could have earned in another job had she made reasonable efforts to find another suitable job. D. nothing, because employment contracts must provide for liquidated damages. View Answer [ad] Issue: Limitations on damages. Answer: C, This measure of damages reflects the effect of her so-called "duty" to miti ...

CONTRACTS ESSAY EXAMINATION #5
Exam Prep

FACTS Old McDonald had a farm. And on this farm McDonald grew crops and raised the usual variety of merry critters. But McDonald was sick of work that made his back sore and decided to become a land speculator like everyone else. Fortunately for McDonald, his land was located just outside the city limits of New Babylon, the largest city in the State of Disarray. Because of New Babylon's rapid growth in recent years, the McDonald farm was a prime prospect for real estate development. A simple ad McDonald placed in a local paper generated literally dozens of inquiries from parties interested in ...

CONTRACTS ESSAY EXAMINATION #2
Exam Prep

FACTS: THE HEIR TO THE THRONE Imagine, if you will, that it is now 1999 and you do not know how the 2000 Presidential Election will turn out. George W. Bush ("George W"), is still just the son of the former President and now a candidate for the Presidency in his own right. George W has been seeking the Republican nomination for President for months, and he has distinguished himself primarily as a campaign fundraiser. His only drawback, of course, is that he is utterly without knowledge of, or experience in, national or international politics. The latter fact was made painfully obvious in a r ...

CONTRACTS ESSAY EXAMINATION #3
Exam Prep

"FACTS" Imagine, if you will, that by February of 1998, Janet Reno had grown weary of her job as Attorney General of the United States. Faced with yet another subpoena from a Congressional committee investigating the Whitewater scandal and further demands for a special prosecutor to investigate the phone solicitations conducted by the Clinton campaign, Janet decided she had had enough of Bill and Hillary Clinton's problems. She resigned from her post, and decided to pursue a career as an entrepreneur in the private sector. To that end, she leased a two-story commercial building in Encino, Cal ...

Case Overviews
Outline

Hawkins v. McGee (1929) Facts: A surgeon guaranteed that the plaintiffs hand operation would be 100 percent successful. The plaintiff sued for breach of warranty when the operation was not successful. ...

Expectation
Outline

Courts have a strong preference for awarding damages measured by the expected value of the promise/contract. The object is to put the party in the same position he would be in if the contract were performed as expected. This includes both the value of expenses incurred and expected profits. A. Computing the Value of Expectations (Rest. 2d. § 347) Professor Farnsworth’s formula for calculating expectation damages is: General Damages = Loss in Value + Other Loss - Cost Avoided - Loss Avoided ...