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blawexam2 - Case 10-1 Catamount Slate Products Inc v...

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Case 10-1 Catamount Slate Products, Inc. v. Sheldon Objective Standard Catamount and Sheldon used a mediator to come to an agreement o Catamount agreed to pay $250 a month for use of the Sheldon’s road o When first draft of documents arrived, the parties disagreed o Therefore, before document was signed, Catamount (Reed’s) daughter discovers that the Sheldon’s road is a public road o As a result, Catamount stopped payment Sheldon’s tried to sure for the mediation contract as is o The Court ruled that since the contract wasn’t written and signed it wasn’t an enforceable contract o This was so important because the Mediation Agreement stated that “any agreement of settlement must b in writing and signed by every party sought to be charged” o Court ruled in favor of Catamount (was reversed and remanded) Communication – contract law wants specific communication between offeror and offeree Intent usually biggest issue when it comes to a contract Advertising any promos or specials are invitations to offers Ex: Best Buy advertises Blue Ray player for $69.99 Isn’t a contract because inventory is going to run out and a breach will occur Therefore, advertisements aren’t offers, they’re invitations to offers Case 10-2 Lefkowitz v. Great Minneapolis Surplus Store, Inc. Invitations Seeking Offers First court awarded Lefkowitz $138 It was appealed Appellate Court: Lefkowitz was pro se (meaning he had no lawyer) Supreme Court of Minnesota was able to determine it was a unilateral contract o Not an invitation for offers o Determined since ad drew extreme boundaries “first come first served” o Went beyond being a general advertisement Auctions An auctioneer can withdraw an item, unless its listed on reserve The bidders can withdraw bid at any time Case 10-3 Sherrod v. Kidd Duration of Offers Kidd’s dog bit Sherrod’s daughter Kidd’s offered $32,000 two times, but Sherrod’s dismissed offer Kidd’s and Sherrod went to arbitration Arbitrator determined Sherrod should get $25,000 o Decision is binding Sherrod disliked this decision so wanted to accept $32,000 settlement Trial court approved this, but appellate court decided that $32,000 offer was expired when arbitrator determined $25,000 settlement Therefore, judgment was reversed Courts generally look for sufficiently definite terms in order to reward during breach If this isn’t the case, then will decide it’s an invalid offer Sometimes a judge must decide how long an offer is available to be accepted Depends on nature of goods, i.e. food v. car Can revoke offer before stated expiration if do so before receive money If receive money, then it becomes an option contract (1) UCC (2) if you have something in writing from a merchant for sale of goods then it’s sufficient to keep the offer open for designated time period without withdrawal that’s not an option
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If no time stated, then it’s 3 months
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blawexam2 - Case 10-1 Catamount Slate Products Inc v...

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