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Unformatted text preview: Rule: In a Unilateral contract, there must be a performance before the contract is considered valid. In a Bilateral contract, there must be a promise of a promise before it is considered to be a valid contract. If it is unclear, the default contract is a Bilateral contract. Rational: The court stated that there was no indication of desired Unilateral or Bilateral contract specifically. What they do see, from the letters being exchanged, is that the Whiteheads really trusted the Davids, and that they were looking more for a promise to come down to help them, and then the actual performance to be carried out. Also, because it was unclear, the court adopted the Bilateral default. Holding: The Contract was deemed Bilateral, and thus valid when the Davids sent the letter back to Whitehead, which they received (before committing suicide). The inheritance will belong to the Davids. Synthesis: Dissent/Concurrences:...
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- Fall '11