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Unformatted text preview: 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 Doesnt 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 As 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 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 contd 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 couldnt 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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This note was uploaded on 05/03/2008 for the course CONTRACTS 101 taught by Professor Diacoff during the Fall '07 term at Florida Coastal School of Law.
- Fall '07