Bargain Principle: Breach of Contract Kirksey: A mere gift or gratuity cannot be enforced as a contract. Reliance: Promissory Estoppel Elements: D makes a promise to P P relies on D's promise to her detriment P's reliance is reasonable and foreseeabl
Katherine Mohr Contracts Final Outline Page 1 of 9
Chapter One: Introduction to Contract Law THREE BASIC PRINCIPLES OF CONTRACT LAW 1) THE BARGAIN PRINCIPLE BREACH OF K Kirksey: A mere gift or gratuity cannot be enforced as a K 2) RELIANCE PROMISSO
Contracts II Black Letter Law - Daicoff - p. 1
CONTRACTS II DAICOFF BLACK LETTER LAW OUTLINE (78 Pages) Week 1.1
DURESS & ECONOMIC DURESS: I. Rest. 2d Section 174: Duress by Actual Physical Compulsion/ K Void A. Duress by actual physical compulsi
Conclusion:
Issue:
Whether Perez was constructively discharged?
Rule:
An employee who is forced to resign due to actions and conditions so intolerable or aggravated at
the time of his resignation that a reasonable person in the employees position would ha
Case:
_Pierson vs. Post_
Court and Year: _Supreme Court of New York_
Procedural
Posture
Issue
Legally
Determinative
Facts
Trial court found for P.
NY Supreme Court reversed, found for D.
The issue is whether; the fact that a person (Post) is pursuing a
LEGAL CONCEPT
RULE OF LAW
CASE NAME
Establishment of a Contract under the Bargain Principle
To be a contract, there must be some exchange of sufficient consideration, something of value.
Kirksey v. Kirksey
Gift/ Gratuity
There is no legal duty
Pg. 48
Case:
_Izadi v. Machado (Gus) Ford, INc._
Court and Year: _Florida District Court of Appeal (1989)_
Procedural
Posture
Issue
Legally
Determinative
Facts
Legal Authority
Considered
Holding
Reasoning
The issue is whether, the offer in the advertiseme
Case:
_Lonergan vs Scolnick_
Court and Year: _
Procedural
Posture
Issue
Legally
Determinative
Facts
Lower court found for D, said that the D made an offer which was qualified
and conditioned upon prompt acceptance by P. Since P delayed, contract
was not e
Case:
_White vs Samsung Electroncs of America, Inc._
Court and Year: _
Procedural
Posture
Issue
Legally
Determinative
Facts
Legal Authority
Considered
Holding
Reasoning
District court granted summary judgment against plantiff and each of her
claims.
Plant
Pg. 54
Case:
_Normile v Miller_ _
Court and Year: _Supreme Court of North Carolina_
Procedural
Posture
Issue
Legally
Determinative
Facts
Plantiffs Normile and Kurniawan appealed to the Court of Appeals after the
trial court denied their motion for summary
Contracts
Procedural History
Separate actions were filed by plaintiff-appellants and appellee seeking specific
performance
Plaintiff Segals motion for consolidation of the trials was granted
Both plaintiffs filed a motion for summary judgment
Segals m
Contracts
Pages 48-73
Izadi v. Machado (Gus) Ford, Inc.
Florida District Court of Appeal
550 So. 2d 1135 (1989)
Facts
The complaint, the allegations of which must at this stage be regarded as true,
alleged that the plaintiff Izadi attempted to purchase a
1) The difference is that in CREAC you have to discuss the rules with the precedent
cases and explain how they work with the rule. IRAC the rule is understood and you
just have to apply it to the present cases. Also you start with the conclusion on
CREAC
Contracts
Is there a sale of goods
What are the terms of the deal
Was the deal breached
If breached, what remedy can I get
Noscitur a sociis- court interpret in the context of the terms immediately preceding and following it
Contra proferentem- If interpr
Chapter One: Introduction
What is a contract (K)?
2nd Rest. of Contracts 1:
o A contract is a promise or set of promises for the breach of which the law gives a
remedy, or the performance of which the law in some way recognizes as a duty.
What do contrac
1. Janet, a psychiatrist and novice gardener and her neighbor Mary, a stay-at-home mom
who loved plants had the following conversation. Janet: "I love your potted begonias. I
would love to buy all 10 of them and would offer you $100 for each potted begoni
08/25/2014
Common Law
judge made law that builds up over time.
USA , England are a common law country. Unlike other places
Civil law country is all statutes, the judges just applying the statutes to
cases
Congress enacts the law (disabilities act) , and j
Consideration
The making of a promise is insufficient by itself to result in the formation of a
contract without the presence of consideration
International contract law recognizes that a contract can be formed simply by
agreement without the addition req
I.
An Introduction to the Study of Contract Law
A. Contract Law in the First Year Curriculum
a. Contract- an agreement between two or more persons
i. A common understand to something that is to be done in the future
by one or both of them.
b. Term can ref
Flowchart Bargain/BOK (a) Offer Step 1: Offeror, Offeree, Subject Matter, Quantity, Price, Payment Terms, Words of Promise Step 2: Objective Theory: Objective Reasonable Prudent Person could interpret words or conduct to constitute an offer (Embry) S
CONTRACT? No O OFFER Yes move to Acceptance 1. Elements of an offer (Normile) a) Offeror b) Offeree c) Subject matter d) Time e) Quantity f) Payment terms g) Price h) Words of promise 2. Restatement definition of an offer 3. Southworth use the cont
Bargain Principle: Breach of Contract Kirksey: A mere gift or gratuity cannot be enforced as a contract. Reliance: Promissory Estoppel Elements: D makes a promise to P P relies on D's promise to her detriment P's reliance is reasonable and foreseeabl
CONTRACT? No O OFFER Yes move to Acceptance 1. Elements of an offer (Normile) a) Offeror b) Offeree c) Subject matter d) Time e) Quantity f) Payment terms g) Price h) Words of promise 2. Restatement definition of an offer 3. Southworth use the cont
Case:
_Doughertry v. Salt _
Court and Year: _NY crt App 1919_
Procedural
Posture
The trial court set aside the verdict and dismissed the complaint. The appellate
court reversed the judgment, and reinstated the verdict, holding that the note was
sufficient
10/18/2013
An enforceable contract has
Mutual assent
Consideration
An agreement between two or more parties not merely a shared belief
but a common understanding as to something to be done in the future
A reply to an offer which purports to accept it bu
Statute of Frauds
11/05/2013
Beaver
Two key specific factors
o Taking possession of the property
o Making it valuable permanent and substantial improvements
Michael Brumlow one of the plaintiffs worked for the sellers for over ten
years. One day he asked
Section 2-205
o An offer by a merchant to buy or ell goods in a signed writing which by its
terms gives assurance that it will be held open is not revocable, for lack of
consideration, during the time stated or if o time is stated for a reasonable
time,
Katz V Danny Dare
10/04/2013
Katz was an employee of Dare for 25 years. In those years he was
placed in various positions around the company. One day Katz was working
on opening a store when he left a bag of money on a counter. A man walked
in and picked
Izadi v Machado (Gus) Ford, Inc.
Florida District Curt of Appeal
550 So. 2d 1135
Facts
o Izadi is suing Ford for breach of contract, fraud and statutory violations
o Ford puts an ad out that stating buy a new ford & get $3000 minimum
trade n allowance
o
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