Search Results

Impracticability
Content Type: Outline

Modern courts will discharge duties that are commercially impracticable to perform, even though they may be possible. A. Test to Determine Impracticability 1. An extreme and unreasonable obstacle hinders performance, and 2. The obstacle was unforeseen at the time the contract was made. ...

Case Overviews
Content Type: Outline

Mundy v. Lumberman's Mut. Cas. Co. (1986) Facts: Mundy, an assistant district attorney, was robbed of silverware from his home. The insurance policy in effect at the time of the robbery limited recovery for the loss of silverware to $1,000, although an earlier edition of the policy had contained no such limit. A copy of the new insurance policy, which had been sent to Mundy, contained multiple references to changes made from the old policy, including a one-page summary of the changes, each identified in a separate paragraph and set off from the others by added space and black dots. Mundy argu ...

Impossibility Generally
Content Type: Outline

A. Effect Contractual duties are discharged if their performance becomes impossible. 1. Temporary impossibility does not completely discharge performance but suspends it until the impossibility ends. 2. If performance is partially impossible, contractual duties are only discharged to the extent that the impossibility applies. ...

Unconscionability And Adhesion Contracts
Content Type: Outline

A. Unconscionability The doctrine of unconscionability is used to avoid oppression and unfair surprise, but not to disturb the allocation of risk in contract formation. (UCC § 2-302, comment 1.) ...

Illegality
Content Type: Outline

A. Courts will also void agreements that are valid from the perspective of contract law, but are otherwise in violation of public policy (illegal contracts). B. Criminal sanctions are a more effective way to handle illegal agreements. ...

Revisions Of Contractual Duty
Content Type: Outline

A. Pre-existing Duty Rule If one party promises another that he will do what he is already legally obligated to do, the promise is not a detriment sufficient to satisfy the requirement of consideration. (Rest. 2d. § 73.) 1. Courts have held that modifications of rents and wages are invalid because of a pre-existing duty. ...

Overreaching In The Bargaining Process
Content Type: Outline

A. Concealment 1. In the absence of a fiduciary relationship, there is no liability for bare nondisclosure of known latent defects. 2. However, half-truths are actionable as whole lies and constitute grounds for contract rescission. ...

Inequality Of Exchange
Content Type: Outline

A. An unequal exchange will not usually void a contract in an action at law, especially if the parties deal at arm’s length. ...

Case Overviews
Content Type: Outline

Mitchill v. Lath (1928) Facts: The Laths orally promised to remove an icehouse in exchange for Mitchill's written agreement to buy land. The written agreement excluded the Laths' earlier promise. Mitchill sought to introduce evidence of the promise for its enforcement. ...

Capacity To Contract
Content Type: Outline

Certain classes of individuals lack full capacity to contract. Contracts they form are often voidable at their option. A. Minors Minors can disaffirm any contract, except for necessities, during minority and within a reasonable time after reaching majority. (Rest. 2d. Section: 14.) ...