“I’ll think about it”“If my spouse doesn’t object “If my lawyer doesn’t see anything wrong with it” b.silence is notan acceptance, unless :the offeree so indicates; past dealings so indicatePhelan v. Everlith renewal of contract, not take any action, P loses – no past dealings Hobbs v. Massait Whip Co. (1893) just pays Hobbs when receiving whips, 5thtime does not pay Hobbs + throws awayheld: P wins due to past dealings 3.Communicated D. Consideration a.must have: a promise offered in exchange for another promise or a promise offered in exchange for performance of some action Carlill v. Carbolic Smoke Ball Co. (1893) 3 times a day for 2 weeks if catch flu, will pay $100Carlill catches flu and uses product longer than advertisedheld: judgement for P, reasonable person would understand ad to be offer b.each item of consideration must induce the other item of consideration (mutual inducement) c.each party must suffer a legal detriment in exchange for the consideration provided by the other party Harrington v. Taylor (1945) husband attacks and wife raises ax, neighbor blocks and hit and becomes horribly woundedhusband promises $1,000 and then does not pay held: P loses because it is not inducedHamer v. Sidway (1891) nephew if you do not sin until 21, uncle will pay $5000, upholds and uncle does not paygot benefit not detriment, held: judgement for P, gave up a legal right, all that’s required for considerationCollins v. Gwinnett Bank & Trust Co. (1979) Collins wants to borrow money from bank, Mr. Collins owns, only allow loan if Mr. Collins is guarantor
2 legal detriments in which one induces the other, held: p wins, p bank suffered a legal detriment Legal Detriment- When has a party failed to incur a legal detriment? Preexisting legal obligation– does not incur a new legal detriment, Preexisting contractual obligation Quarture v. Allegheny County (1940) Quarture hired Sniderman to “institute conduct, or prosecute final determination, if necessary, a suit or suits, action or claim against county held: p incurred no new obligation, therefore no new legal detriment Exception to Preexisting Obligation Rule Contracts for sale of goods: modifications enforceable if voluntary and not unconscionable Other issues relating to consideration: a.adequacy - no basis for overturning unless unconscionable b.requirements contractsc.outputs contracts – give up opportunity for exclusivity E.The “Writing” Requirement Statue of Frauds – certain kinds of contacts must be in writing to enforcea.A promise or agreement described in subection b of the promise or agreement, or memorandum of it is-in writing; and -signed by the person to be charged with the promise or someone authorized to sign for himb.subsection a of this section applies to -an agreement which is not to be performed within one year from the date of making the agreement oreasonably possible – not be in writingoif not reasonable – must be in writingF.Express, Implied, and Quasi-K a.
- Spring '08
- The Land, emotional distress, D