LGST 101 Lecture 20

One issue people often dont recognize is that in a

Info icon This preview shows pages 2–4. Sign up to view the full content.

One issue people often don’t recognize is that in a repetitive process upon which people base their habits, lives, etc. (they rely on it), that can become an implied contract It is implied you will continue o If somebody forgets, then he gets covered for Reliance is important Reliance combined with repetitive nature gives you an implied contract If you make a change, that change can be implemented (usually it may take place over time) o One man forgot to pay, another guy refused to pay him The second guy refused to pay, since he had gotten in an argument with the first guy He never informed the first guy that he made a change That change could not be incorporated into the implied contract An exclusion like this never happened; it was never part of the implied contract o There was implied contract based upon prior activities Case (Leftowitz) o Some ads in newspaper o Almost always, newspaper ads, catalogs, eBay listings are just invitations to deal However, they can be made offers if they are definite enough o The product for sale has a full description, and says that the first person who comes and pays a dollar receives the product Unilateral agreement – goes out to the world Unilateral requires an action Bilateral requires negotiation between people o If something is, for example, “worth up to $100” Not definite The price isn’t definite
Image of page 2

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

This is an invitation to deal o Guy comes in and tries to buy coat o Management said that it could only be sold to women only Recall that you can change offer up until the moment it is accepted The management could have put up signs on the window saying “Women only can buy the coat”, as long as the announcement was made before the offer was accepted o Courts side with the buyer Case o This is not a question of statute of frauds No one brought it up You have to raise the issues you want to raise upon If you don’t, then you can’t win upon it o Iowa has a rule that if a contract is very complex, then put it in writing A multimillion dollar national distribution process is very complex o Oral contract was not binding o
Image of page 3
Image of page 4
This is the end of the preview. Sign up to access the rest of the document.
  • Fall '08
  • Miller
  • Zimmer

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern