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LGST 101 Lecture 22

O look at requirements charitable donations are

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o Look at requirements Charitable donations are rarely contracts – more often are gifts Gifts fall into different category from contracts o Promissory estauple is big in charity cases Gift does not have consideration Where contracts don’t go, that’s where PE goes Case Gorham is working for LensCrafters Receives opportunity from another company During interview, Gorham was led to believe he would get job Gorham was then told that he would receive job, and that he would receive package in mail Later, Gorham was interviewed again and was denied job Court said there was no consideration, though in reality there is since this type of case is exceptional o But there is one exception He can sue on consideration, because he is hired at will (meaning he can be hired at will; at the same time, you have the ability to leave at any time) You can be fired, or you can leave, both at will If we do have consideration, it’s based upon a contract of employment at will, meaning that he can be fired at any time o Where you have an employee at will, and you have a valid employee contract, then you can use PE o Since the guy can be fired at any time, that can be inherently unfair No breach of contract, since he can be fired at any time legally Case When you’re building a building, owner is not the one who hires the particular people (electricians, carpenters, etc.) o He hires a master contracter – person who he deals with o Master contracter deals with the subcontracts (electricians, carpenters, etc.) Prime bid that goes to owner is made of all subcontracter bids, plus contracter profit, plus contingency fee Here, Brennan put in bid to do paving o This bid was built into the prime (master) bid Then paver said he couldn’t do it Covering o Go out and hire someone else o This costs money, more than you would have otherwise paid
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o This is what you sue for – the differences between two bids, and the expenses associated with finding someone else Sue based on promissory estauple o Promise someone to do something, make a substantial change o In this case, you don’t sue to get job done, but rather you sue for the delta (difference in bids, plus expenses) o Don’t reward plaintiff These are damages – how you collect money (Something) In most cases, when you sue for breach of contract, money is an adequate answer o
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