Theories of Obligation
o Obligation arising from an agreement with consideration (and any required writing)
Gift vs. bargain
Mutuality of obligation
o Obligation arising from justified reliance on a promise promissory estoppe
Contract Functions (policy arguments)
*Think about all contract types and defenses.
A. Evidentiary function avoid enforcement of promises for which nothing is given in exchange
B. Cautionary function avoid enforcement of promises made wit
Contracts in general The lawyers role
An example of the lawyers role and contract agreements
1. Punitive Damages cannot be awarded in breach of contract.
White v. Benkowski (Supreme Court of Wisconsin, 1967) pp. 23
The lawyers role is t