Contracts week 4
- Mutual Assent under U.C.C. Article 2
o 2-204 Formation in General
Contracts for goods, can be made in any manner as long as it shows
agreement, including conducts by both parties that recognizes the
existence of the contract
Contract Week 3
Termination of the Power to Accept
Ways to terminate:
1) Rejection or counter-offer by the offeree
2) Lapse of time
3) Revocation by the offeror
4) Death or incapacity of the offeror
Death or Incapacity
Offerees power to accept an offer te
Fairmount Glass Works v. Crunden-Martin Wooden Ware Co.
106 Ky. 659 (1899)
Operative Facts: A buyer sent the following message to the seller
Gentlemen: Please advise us the lowest price you can make us on our order for ten car loads of
Mason green j
To make a contract there must be mutual assent, or an agreement between the two. Also there
must be consideration from all parties.
There are two types of contracts. One governed by common law, another by the U.C.C
(Uniformed Commercial Code). U
Hoffman v. Red Owl Stores, Inc
26 Wis.2d 683 (1965)
Operative Facts: A entrepreneur wanted to own a Red Owl Store (grocery store). Red owl then
stated that the entrepreneur would have to sell their existing bakery, their grocery st
Wachter Management Co. v. Dexter & Chaney, Inc.
282 Kan. 365 (2006)
Operative Facts: DCI was a software company and Wachter was a management company. DCI
was trying to sell Wachter software, and throughout a couple of years, DCI wr
Kuzmeskus v. Pickup Motor Co.
330 Mass. 490 (1953)
Operative Facts: The City accepted a Bid from Kuzmeskus, which included the responsibility of
ordering 5 new school buses. Kuzmeskus had requested price and terms on the five buses from
Earhart v. William Low Co.
25 Cal. 3d 503 (1979)
Operative Facts: A construction worker, at the request of the defendant, worked on a mobile
home park in expectation to be paid for his work. He worked on not only the defendants
property, but also th
Akers v. J.B. Sedberry, Inc.
286 S.W.2d 617
Operative Facts: The company Sedberry Inc. was where Aker and Whitsitt worked at. They had
a employment contract there. Once the company merged with another, new management came
in, brining Mr. Sorenson in
Woods v. May
73 Wash.2d 307 (1968)
Operative Facts: Woods was a master horseshoer, and took on an apprentice horseshoer, May.
They signed a contract that stated, if May was to stopped working for Woods, for the first 5 years
afterwards, he could not
Week 6 Contracts (Illusory Promises)
- What makes Promises Illusory (No definite definition)
o A promises is illusory if it does not restrict the promisors future right of action
o A promise is illusory if it gives the promisor unfettere
Week 5 Contracts
- Consideration (A bargain for exchange of benefit or detriment. One promise musth have
induced the other)
o General Rule
A promise in exchange for a promise
Hamer v. Sidway
o 5k in exchange for pr
Week 9 Restitution
Not another type of contract claims. Its an alternative. Like how Promissory estoppels, is not a
Restritution1) D obtained a benefit at Ps expense (the enrichment) and
2) D retention of that benefit without compensating P woul
Special Offer Rules (Things that are not offers)
a. Only applies to
a.i.1. Usually invites to offer
a.i.2. Because its not limited.
a.iii. Requests for Bids
b. Still needs:
b.i. Expresses a present commi
Wood v. Lucy, Lady Duff-Gordon
222 N.Y. 88 (1917)
Operative Facts: The designer, Lady Duff, established a employment contract with Woods,
stating that Woods would have sole, and exclusive rights to her name, placing patents and
Week 1 Contracts
a. Complainants - a person or entity who begins a lawsuit by filing a complaint, and
is usually called the plaintiff, or in some cases the petitioner.
b. Specific performance - grants the plaintiff what he actually barg
Week 10 (Contract defenses)
A false statement of fact, intention, or opinion (whether it is a
o Fact = material, that reasonable person in same
circumstance, would regard as impor
Illegality - contracts against public policy.
Contracts can be unenforceable if its illegal by statute, or is outweighed by public policy.
1) contracts prohibited by statute
2) Contracts in violation of licensing statutes
3) Covenants not to compete
Week 13 (Contract Defense Continue)
Williams v. Walker-Thomas Furniture Co.
Statute of Fraud
- Contracts subject to a statute of fraud
o Land sale contracts
To buy, transfer or pay for any interest in land.
Mortgages, life est
Williams v. Walker-Thomas Furniture Co.
350 F.2d 445 (1965)
Operative Facts: William had purchased a few items from Walker through Walkers program
where Walker allowed installment payments for an item. However, if the owner defaults on the
Wood v. Boynton
64 Wis. 265 (1885)
Operative Facts: Woman comes into a jewelry store with a stone that looked pretty. She had
suspicions that it was topaz and the jewelry store owner, agreed and say, it could be topaz, but
she wasnt sure, based on t
Is there a contract?
* An offeror has the right at any time before acceptance to modify the offer; he does not have the right after
acceptance to impose new or arbitrary conditions not contained in the original offer
i. Manifest in
Davis v. Jacoby
1 Cal.2d 370 (1934)
Operative Facts: Mr. and Mrs. David was a close family relative of their uncle and aunt Mr. and
Mrs. Whitehead. When Mr. & Mrs. Whitehead was falling ill, they sent letters to Mr. & Mrs.
David regarding their heal
United States v. Algernon Blair, Inc.
479 F.2d 638 (1973)
Operative Facts: Coastal was a subcontractor to Blair. Blair had received a contract from the US
government to construct a naval hospital. Blair contracted Coastal to erect and provide steel
Strong v. Sheffield
144 N.Y. 392 (1894)
Operative Facts: A husband owed money to a lender. After he defaulted, the lender went to the
wife and told her, if she agrees to pay the loan, then they wont sue for the rest of the payment
until whenever the
Sherwood v. Walker
66 Mich. 568 (1887)
Operative Facts: A buyer for a cow came to the ranch. The seller, stated that the cows up on the
hill was most likely barren (cant breed), and so he was willing to sell t for a cheaper price.
Within the month,
Hamer v. Sidway
124 N.Y. 538(1898)
Procedural Facts: Story 2d won the $5,000 + interest in trial court, and the defendants appeal,
stating there was no consideration in the contract.
Operative Facts: Story Sr. was in a contract with Story 2d. statin
Fiege v. Boehm
210 Md. 352 (1956)
Operative Facts: Boehm wanted Fiege to pay for a breach of contract to pay the expenses
incident to the birth of his bastard child, and provide support upon condition that she would
refrain from prosecuting him for
East Providence Credit Union v. Geremia
103 R.I. 597 (1968)
Operative Facts: Husband and wife owned a car. They took out an auto loan to purchase the car,
and the auto loan had a requirement where the owners must pay for fire, coll