Bob's Contracts Outline - Sokolow, Fall 2007

Bob's Contracts Outline - Sokolow, Fall 2007 - Bob's...

This preview shows page 1 - 4 out of 85 pages.

Bob's Contracts Outline Thursday, October 18, 2007 3:44 PM Great diagram of UCC-207 available online Also, great outline of Farnsworth online done by a law professor Five Categories of Contracts: Sale of goods (governed by UCC) Real Estate Construction Employment Family Three basic issues: 1.Was there a contract at all? Does the plaintiff have any rights against the defendant at all? 2.If there was an enforceable promise or contract, was there a breach? 3.If there was a contract and a breach, what are the remedies for the disappointed plaintiff?
Image of page 1

Subscribe to view the full document.

1. Unilateral v. bilateral 2. Cases Hamer v. Sidway: can forbearance be consideration? Yes: 2R71 Fiege v. Boehm: Can forbearance from asserting an invalid claim be consideration? Yes: 2R74 Can past services be consideration? Can Illusory promises be consideration? 2RS77 Question of illusory promises also arises under the UCC Contract Formation A. Consideration 1. Bargained-for exchange/Reciprocal Conventional Inducement 2. If no consideration, alternative bases/mechanisms for recovery/remedies: a. Reliance b. Restitution B. Offer and Acceptance How do you relate "Consideration" to "Offer and Acceptance?" Consideration = bargained-for exchange Three types of remedies: Expectation - placing plaintiff in position had the contract been fully performed Reliance - restoring status quo prior to the contract Restitution - returning consideration conferred upon dependent back to plaintiff Most damages for plaintiff (usually): first expectation, then reliance, then restitution
Image of page 2
However, reliance can exceed expectation (if contract would result in some loss for the plaintiff Reasons for granting damages for broken promises to the extent of expectancy are at their strongest when the promises are made in a business context (production/distr of
Image of page 3

Subscribe to view the full document.

Image of page 4
  • Fall '07
  • sokolow
  • Law, Offeree

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern