Chapter 9 - be willing to supply a missing term where the...

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Shawnae Cristobal Legal Aspects of the Business Process Professor Schulz March 18, 2010 Chapter 9: Introduction to Contracts (1,2,3,4,8) 1. Foley is arguing that he has an implied contract with Interactive based on the informal discussions concerning his future and the employee handbook. His argument convinced the California Supreme Court. Foley had no express contract for any period, and thus he started work as an employee at will. But the company’s repeated assurances, plus the handbook, created an implied contract. 2. Yes, they can recover under promissory estoppel. The Wisconsin Supreme Court found that Red Owl had made a promise knowing that the Hoffmans would rely on it; the Hoffmans did in fact rely on the promise, selling their businesses and purchasing a lot; and it would be unjust not to enforce the promise. The Hoffmans recovered about $20,000. 3. Mrs. Cheever won. The court held that all of the key terms were missing. A court might
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Unformatted text preview: be willing to supply a missing term, where the parties stated most of the contract provisions and provided a clear basis for adding additional ones. Here, however, the key terms were absent. Consequently, there was no basis on which a court could craft a contract. 4. The answer is E. Spike wins nothing. Although he used the phrase, “I accept,” he included a counteroffer, which is a rejection of Rebecca's offer. She has no obligation to him. 8. The common law is the basis of all contract law and still governs agreements for services, employment, the sale of land, and certain other things. It varies from state to state. Article 2 of the UCC governs the sale of goods. The Restatement of Contracts is not the law anywhere, but it is influential and frequently cited by judges....
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