contractsnotesfall[1]

contractsnotesfall[1] - Contracts Lecture Notes 8/29 Page 1...

Info iconThis preview shows pages 1–4. Sign up to view the full content.

View Full Document Right Arrow Icon
Page 1 of 86 Contracts Lecture Notes Last printed 11/5/2005 10:41:00 AM 8/29 Three basic questions in the context of any contracts case. .. 1) Is there a contract? 2) If there was a contract, was there a breach of contract? 3) If there was a contract and there was a breach, what are the injured parties' remedies? Hawkins v. McGee Language The language used is critical in determining whether there is an enforceable promise. The guarantee was made twice. .. once at the beginning, "3 or 4 days. .. perfect hand" and later, "I will guarantee. ..100%" Knowledge Experimental surgery item is relevant to George's state of mind, but only if he knew about it. Is George Hawkins expected to know about the risks of various kinds of surgeries? Even if a person doesn't know a certain fact, they can still be charged with constructive knowledge – reasonable person standard.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Page 2 of 86 Contracts Lecture Notes Last printed 11/5/2005 10:41:00 AM 9/4 Hawkins v. McGee, cont'd Contracts are risk-shifting devices -- they are ways of transferring risk from one party to another. In trying to transfer risk, there are going to be economic consequences. But sometimes, the parties don't expressly allocate risk to one party or another. Is there an enforceable contract? Two factors in Hawkins which give rise to a contract: 1) language of guarantee 2) inducement factor This is only dictum. We don't have to consider whether these words will ALWAYS give rise to contract. Generally, use these criterion: 1) circumstances 2) Knowledge 3) language Damages Hawkins court says that expectation damages is the proper (and traditional standard), i.e. Give the plaintiff the full benefit of the bargain. .. Analogy: a machine with a defective part.
Background image of page 2
Page 3 of 86 Contracts Lecture Notes Last printed 11/5/2005 10:41:00 AM 9/5 Did the ACT in Hawkins correctly calculate the plaintiff's expectation interest? In Sullivan , court says that the plaintiff didn't EXPECT all of the pain and suffering he endured. He should be compensated for the excess pain and suffering. Justice Kaplan tells us that 30 years later, the appellate court in Hawkins admitted it was wrong and should have considered pain and suffering Trial Ct. (P&S) --Perfect | --Before-- | |- Reliance Interest --After--- Appellate Court (Some P&S) --Perfect-- | | --Before |- - expectation | | --After--- | Problems with the machine analogy It's difficult to calculate the FMV of a perfect hand. There is a market for computers, but there is not a market for hand. He can't go out into the marketplace and substitute. Expectation damages are predicated on the existence of a marketplace, because usually a person will use his expectation interest to put himself back to where he would be to get full performance. The expectation interest in this case only puts the plaintiff in full performance
Background image of page 3

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 03/22/2008 for the course LAW contracts taught by Professor Sokolow during the Fall '07 term at University of Texas.

Page1 / 86

contractsnotesfall[1] - Contracts Lecture Notes 8/29 Page 1...

This preview shows document pages 1 - 4. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online