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Notes - Contracts(wanting to get justice for the victim...

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Contracts (wanting to get justice for the victim) (8/21/07 & 8/23/07) - Introduction Three principles o Bargain – central belief that an agreement to exchange one thing for another gives rise to a mutual obligation. “ A deal is a deal” Free will, no coercion Obligations held by each other o Reliance – idea that people do rely on each other in many situations in such that reliance is often morally and politically valuable Doesn’t deal with exchange o Restitution – one who violates a duty or commits some worn ought to be required to repair any injury he/she has caused Unjust enrichment – duty to return or pay for a benefit unjustly retained Plaintiff must show that she conferred a benefit on the defendant and the defendant retained the benefit Plaintiff must show she did not confer the benefit as a gift Plaintiff must prove that she was nor acting “officiously” in conferring the benefit Elements of consideration: o detriment to promisee, o benefit to the promissor and o bargained exchange (agreed to) an exchange of the promise for the detriment Equitable estoppel o I.e. held that an action on a note given to a church, college or other institution, upon the faith of which money has been expended or obligations incurred, could not be successfully defended on the ground of a want of consideration Promissory Estoppel – based off of equitable estoppel o Promise – A promises B something o B has to rely on the promise of A, meaning B changes her plan for the worse, based on A’s promise, and if A reneges, B will be “ in the hole” (detrimental reliance) o A and B need not be related, but the reliance has to be reasonable (written note in Ricketts) Implied contract – one of the three principles o Unjust enrichment o Actual contract, but its “implied” or tacit – based on contract; no words but a meeting of the minds o Promissory estoppel – based on reliance/promise Market economy – system in which goods and services are allocated through a regime of individual property ownership and voluntary exchange
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Authoritative Texts o Case Law o Statutory Law Uniform Commercial Code (UCC) – to control the sale of good and is adopted by each state differently Code for International Sale of Goods (CISG) – to control the sale of goods internationally o Commentary Restatement Treatises (hornbooks) Law Review Articles American Jurisprudence, Florida Jurisprudence and CJS (8/28/07 & 8/30/07) - Introduction cont’d ‘Unjust enrichment’ – a party must have received something of value, to which they were not entitled and which they must restore o Remedy: the fair market value of the benefit rendered Breach of contract o Remedy: is the agreed upon price or contract fee Law had 9 writs and the courts couldn’t fit some lawsuits there so they made equity, through the equity there was (UE, Promissory Estoppel) in order to do justice; however now a days that does not seem to be the point
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