Son pays father’s hospital bills because thought father could not afford it; after father dies, realizes estate could’ve covered bills; sued executor of father’s estate for repayment o Trial court ruled for executor because no evidence of implied contract (son did not expect to be repaid by father’s estate); appellate court reversed saying estate should be liable under quasi-contract • Hartland Computer Leasing Corp. v. The Insurance Man, Inc. o Hartland leases computers to Insurance Man; contract states Insurance Man must pay regardless of performance of computers; can take up problems with computer vendor; computers malfunction, Insurance Man doesn’t pay Hartland; Hartland sues o Trial court ruled against Hartland under adhesion contract; appellate court reversed saying Insurance Man should’ve gone after vendor not Hartland Chapter 11 • Richards v. Flowers et al. o Richards contacted Flowers about buying land; Flowers acknowledges inquiry and says expects to receive x amount for property; Richards takes it as an offer; Flowers, on other hand sells property to another party; Richards sues for breach of contract o Trial and appellate court ruled for Flowers stating no offer existed so no breach of contract • Leonard v. Pepsico, Inc. o Pepsi commercial showed high school student with 7 million Pepsi points in a Harrier jet; Leonard accumulated $700,000 to buy 7 million Pepsi points and demanded Pepsi give him Harrier jet o Trial and appellate court ruled for Pepsi stating commercial was not serious offer • Newman v. Schiff o Schiff = tax rebel; goes on TV show saying no provisions exist requiring people to file tax return; offered $100K for anyone to find such provision; Newman = lawyer who watched re-run of TV show; called CBS and wrote letter citing IRS section that required people to file tax return; demanded $100K o Trial and appellate court ruled for Schiff saying Newman did not accept original offer on original broadcasting date • Lucifer v. Town of Norfolk
o Bus driver asked to be paid $175 per week; school board voted to pay $35 a day and informed driver that he had been awarded contract; when presented with actual contract, driver refused to sign and was fired; he sued for breach of contract o Trial and appellate court ruled for school board on grounds that no contract was formed because no meeting of minds • Cushing v. Thomson o Cushing signed contract for renting space in outbox but received phone call that renter was withdrawing offer; Cushing said he already accepted offer o Trial and appellate court ruled for Cushing under mailbox/medium rule of acceptance Chapter 12 • Hamer v. Sidway o Uncle promises to pay nephew $5K for refraining from drinking, gambling, smoking, etc. until 21; nephew refrains until 21 but uncle dies before he pays nephew; nephew sues uncle’s estate o Trial court ruled for estate; appellate reversed said there was consideration because he gave up his legal right • Quarture v. Allgheny County o Quarture owned land and a portion was taken county was widening a state highway. P hired Sniderman to recover money, Sniderman would receive 10% of money recovered.
You've reached the end of your free preview.
Want to read all 34 pages?
- Spring '08