American Contract Law for a Global Age, 2017a

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McGowin’s adult child, would that have been a “material” benefit? Or would the case fall under Mills v. Wyman? Review Question 7. Mrs. Harrington saved a man from being hit by an axe wielded by an angry third party. She lost. Mr. Webb simply stopped dropping a heavy block on a man. He won. Can you reconcile the two cases? If so, how? Review Question 8. Suppose McGowin, when he saw Webb fall, instead said, “Webb, you clumsy oaf, you almost hit me! Next time, be more careful—you’re getting blood on my shoes!” Instead of promising to pay Webb, McGowin demands that he pay to remove the stains from the leather. Does McGowin owe anything to Webb? If not, why is it different if he just acts like a nice guy and makes a promise? ______________________ Problems Problem 8.1 John is a student who is just about to graduate from medical school. During medical school he has lived with his long-time girlfriend, Mary, a bookkeeper who has paid most of his living expenses during the previous three-years. At a party to celebrate his graduation, John stands up in front of Mary and a group of friends, and thanks her for all of her support: “Without her financial support, I couldn’t have even made it through, and without her emotional support I wouldn’t have been able to succeed the way I have.” To general applause, John continues, “I know that Mary has always dreamed about going to law school, and I want to thank her for everything she’s done for me. So in front of you all, I promise that I will support her the way she supported me, and I’ll pay all of her expenses in law school just the way she paid mine.” Mary starts to cry, because this was totally unexpected. Everyone hugs each other. Mary starts thinking seriously about going to school. Three months later, John meets Elise and leaves Mary. When Mary asks John to keep his promise, he refuses. Is John’s promise to Mary legally enforceable? Problem 8.2 Mona was hired to work at a hospital as an at-will employee. Several days after she started work, she was called into the Human Resources office to do the necessary paperwork. As part of that process, she signed a variety of documents. The documents included the following: I agree to the grievance and arbitration provisions set forth in the Associates Policy Manual. I understand that I am waiving my right to a trial, including a jury trial, in state or federal court of the class of ______________________________________________________________________________ 152 CHAPTER III: CONSIDERATION
disputes specifically set forth in the grievance and arbitration provisions on pages 8-10 of the Manual. Later that day, she was given a copy of the Manual. It provided that if an employee claimed a violation of anti-discrimination law by the hospital, THEN IT IS CLEARLY INTENDED AND AGREED THAT THE SOLE AND EXCLUSIVE MEANS FOR THE RESOLUTION OF ALL DISPUTES, ISSUES, CONTROVERSIES, CLAIMS, CAUSES OF ACTION OR GRIEVANCES BY AN EMPLOYEE AGAINST NEIGHBORHOOD HEALTH CLINICS SHALL BE THROUGH THE PROCESS OF ARBITRATION AND PURSUANT TO THE INDIANA UNIFORM ARBITRATION ACT. The opening two paragraphs of the Manual include the following language: [The hospital] reserves the right at any time to modify, revoke, suspend, terminate, or change any or all terms of this Manual, plans, policies, or procedures, in whole or in part, without having to consult or reach agreement with anyone, at any time, with or without notice. While [the hospital] intends to abide by the policies and procedures described in this Manual, it does not constitute a contract nor promise of any kind. Therefore, employees can be terminated at any time, with or without notice, and with or without cause. Mona was subsequently fired and sued for discrimination in federal court. The hospital moved to dismiss the suit and refer it to arbitration. Mona argued that there was no consideration for her agreement to the new policy because she had already started work before she signed it. What result? Problem 8.3 Kümmerbünd is a relatively unknown musical group, which has agreed to play a concert at Club Now, a popular music venue, for a flat fee of $2.500. After the contract is signed, but several weeks before the performance, Kümmerbünd is suddenly catapulted to fame with the success of a new single, “Smell the Glove,” a cover version of an old Spinal Tap song. Kümmerbünd now has many offers to perform at much higher prices. Kümmerbünd calls Club Now and says that it will not perform unless the payment is increased to $10,000. Club Now at first tries to insist on the original deal, but finally gives up and agrees to pay $10,000. On the night of the concert, Club Now triples the cover-charge and sells out every seat, clearing $25,000 in profit. When Kümmerbünd asks for payment, Club Now gives them a check for $2,500. Kümmerbünd demands the remainder. Club Now ______________________________________________________________________________ UNIT 8: SPECIAL ISSUES WITH CONSIDERATION 153
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Notices This is the first edition o
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About CALI eLangdell Press The Cent
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Unit 19: Conditions ...............
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hired Corleone family thugs 4 or an
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described herein, and agrees to fre
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6. MARY BETH WHITEHEAD, Surrogate,
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Surrogate and WILLIAM STERN, Natura
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10. Consider paragraph 5. Should th
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The two court opinions that follow
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Venue Venue is a concept of place
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Their first child, Ryan, was born o
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Subsequent to entering into the sur
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The sixth and final argument sugges
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It is argued by amicus that the $ 1
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no stated public policy on surrogac
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IN RE BABY M Supreme Court of New J
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adoption; the sole purpose of the c
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The surrogacy contract violates the
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Problems Donald Donor is a single,
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An Introduction to CONTRACT FORMATI
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particular obligation? In Europe, i
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The evidence is undisputed that pla
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After some negotiation a price of $
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The answer of A.H. Zehmer admitted
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no, that is beer and liquor talking
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on the Zehmers as well as on himsel
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offer and of the reward and its sub
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your professor. You will come acros
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car title you’re holding there. I
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In the modern world, the question o
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pair of sunglasses. The drumroll th
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This letter was apparently sent onw
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Because these cases generally invol
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teenager’s schoolmates gape in ad
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Review Question 3. Note how Judge W
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cash in ten days,” it must be dee
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“Before a contract can be complet
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for the purpose of doing the work a
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accidentally being bound to unwante
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Here, we have a counter-offer. The
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parties.” Metropolitan Sports Fac
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court. See Minn. R. Civ. App. P. 10
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Thus, it clearly appears that the d
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with distribution. The parties ulti
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all essential terms. See, e.g., Sit
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Enclosed, we beg to hand you contra
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to call for an acceptance particula
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than identify himself, Dealer says,
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offer.” More often, they nod, sha
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The next attack will be my end, I a
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from all the facts and circumstance
Page 110 and 111: Notice to the agent, within the sco
Page 112 and 113: 2. Written approval by United State
Page 114 and 115: contrary in the offer, the acceptan
Page 116 and 117: HOBBS v. MASSASOIT WHIP CO. Supreme
Page 118 and 119: stranger may impose a duty upon ano
Page 120 and 121: contract in this case come into exi
Page 122 and 123: ___________________________________
Page 124 and 125: An Introduction to CONSIDERATION Th
Page 126 and 127: and you are free to change your min
Page 128 and 129: Ridge Runner that she lacked the pr
Page 130 and 131: We conclude that the territory enco
Page 132 and 133: He further answered, that it was gi
Page 134 and 135: This action was brought upon an all
Page 136 and 137: consideration does in fact benefit
Page 138 and 139: Review Question 5. The promisors in
Page 140 and 141: The distinction between such a cond
Page 142 and 143: Vincent refuses. Fritz eventually s
Page 144 and 145: enefit was money received, the subs
Page 146 and 147: they stopped work in a body, and de
Page 148 and 149: supervise this building. Under the
Page 150 and 151: The day before trial the plaintiffs
Page 152 and 153: General rules of law established fo
Page 154 and 155: For the foregoing reasons we are al
Page 156 and 157: WEBB v. McGOWIN Court of Appeals of
Page 158 and 159: 100 P. 631 (Kan. 1909); Edson v. Po
Page 162 and 163: efuses, saying, “We had a deal.
Page 164 and 165: Giles had no right to use it. But t
Page 166 and 167: BLICESTER: That’s crazy. JUDGE: N
Page 168 and 169: A. She took the piece of paper and
Page 170 and 171: According to the undisputed proof,
Page 172 and 173: We recognize that upon different fa
Page 174 and 175: was discussed with compensation to
Page 176 and 177: CONRAD v. FIELDS Court of Appeals o
Page 178 and 179: her job at Qwest and enroll in law
Page 180 and 181: Seth Wyman’s estranged son Levi i
Page 182 and 183: An Introduction to ALTERNATIVE REGI
Page 184 and 185: consistency. Some provisions have p
Page 186 and 187: TOUSLEY-BIXLER CONSTRUCTION CO. v.
Page 188 and 189: of goods within this Article whethe
Page 190 and 191: differently from other contracts? F
Page 192 and 193: nine units was delivered and paid f
Page 194 and 195: think they have struck a deal.” Q
Page 196 and 197: more sense for contract formation t
Page 198 and 199: COMMERCIAL CODE § 2-206:12 (3D ED.
Page 200 and 201: face of which appears the notation,
Page 202 and 203: Problem 10.3 On June 1, the sales d
Page 204 and 205: except for personal use. If, howeve
Page 206 and 207: [T]he plain reading of the statute
Page 208 and 209: not lubricated in any way. Without
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we also note that Best Bolt’s vic
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(c) are fit for the ordinary purpos
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This purchase order represents the
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provision would cause no “surpris
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FLENDER CORPORATION v. TIPPINS INTE
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well that the reservations each par
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The alternate approach, recognized
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(a) Is Ivy League University a “m
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and ratified a treaty called the Un
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(2) The fact that the parties have
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e. Manufacturer in Texas contracts
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an authorized distributor of Defend
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undisputed that each of these alleg
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Treaty Text Note. Read Articles 18,
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*4 (S.D. Ohio Mar. 26, 2009); see a
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perform a substantial part of his o
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shall be settled by binding arbitra
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An Introduction to CONTRACT DEFENSE
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which extended even to being able t
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Dickerson, 72 Ala. 318 (1882). In t
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loss from the transaction, includin
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this definition. Whether other area
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ORTELERE v. TEACHERS’ RETIREMENT
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medicine, this physician “judged
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The avoidance of duties under an ag
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7. What is my total service credit?
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Review Question 5. In McGovern v. C
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will pay the full listed price of $
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endeavoured to be upheld by Perjury
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Y Contracts that cannot be performe
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you think the consideration doctrin
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NICKELS, J., dissenting. I disagree
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contracts. What is the real purpose
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At the ensuing trial, defendant den
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There may be cases in which it woul
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professional. Things were really ge
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GUENTHER v. AMER-TEX CONSTRUCTION C
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(b) Subsection (a) of this section
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Problem 14.3 Van der Rohe USA, Inc.
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sold, the terms of the sale, the na
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the judgment of a vulnerable party.
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The first issue is whether the labe
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some point or on some occasion it w
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As a matter of law, based on the fa
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or, more particularly, in cases suc
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“deprived Loral of its free will.
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As to mistake, the amended complain
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In Weger v. Rocha, 32 P.2d 417 (Cal
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I had brought back the topaz, and h
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May 5, 1886, plaintiff went out to
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arren cow is substantially a differ
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prior to the sale was Buyer aware t
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Against Public Policy. In many situ
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HANKS v. POWDER RIDGE RESTAURANT CO
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interest adversely, and identified
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illogical, in these circumstances,
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_____________________ Review Questi
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construed against the employer). Th
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acquired by virtue of effort and ex
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_____________________ Review Questi
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Mere inadequacy of consideration wi
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District of Columbia Court of Appea
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In determining reasonableness or fa
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Problems Problem 16.1 The Californi
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position to all of his patients (or
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An Introduction to TERMS AND INTERP
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contract itself. Thus written docum
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consideration of the simultaneous a
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the contract on the basis of which
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The subject-matter of the written c
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understandings or agreements.” 3
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little time to compose it . . . . A
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expressed in the writing. KN Energy
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Article 8 UNITED NATIONS CONVENTION
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contracts or that parol evidence re
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percent (50%) protein, as tested on
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get the deal they intended, and the
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Cases and Materials W.W.W. ASSOCIAT
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do so because of some identified am
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The truth is that whatever virtue a
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Absent strong public policy conside
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FRIGALIMENT IMPORTING CO. v. B.N.S.
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persuasive if sustained by the reco
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and there is force in defendant’s
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RANDOM HOUSE, INC. v. ROSETTA BOOKS
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language of the grant was broad, en
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F.3d at 1095, would conclude that t
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When Hurricane Rubin strikes the lo
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the business. The contract was sile
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party argues ambiguity), the loan f
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accordance with the terms of this c
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of the advance payments, or the num
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imbibe alcoholic beverages and stil
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significant satisfied requirement o
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TOWN OF FAIRFIELD v. D’ADDARIO Su
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damages. The notice of Kant’s act
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who had turned down lucrative offer
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were to suggest some express provis
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notice of ninety days. The plaintif
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Review Question 2. What was Judge C
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exercising discretion under the con
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NANAKULI PAVING AND ROCK CO. v. SHE
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§ 490:1-102(2)(b). The drafters of
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trade existed in Hawaii in 1969 and
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1978) (unpublished opinion) (holdin
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Plaintiff does not contest its stat
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product. The concept of “merchant
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discovery by defendant of the defec
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Unfortunately, Plumber’s work doe
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An Introduction to PERFORMANCE AND
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doctrine, so that close-enough perf
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the number of joists used in all th
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JACOB & YOUNGS, INC. v. KENT Court
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transgressor must accept the penalt
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was for requiring this kind of pipe
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The evidence is undisputed that the
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eing a new roof. We are not prepare
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This case is simple if the perfect
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yacht remained located at SIYS’ f
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happens by mere operation of law; s
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Problems Problem 21.1 Actor is a ve
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processor for the same price as the
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venue. Under Paradine v. Jane, this
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At trial, the court allowed IH’s
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In order for a supervening event to
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The court interpreted this passage
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economic circumstances sufficiently
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A cancellation order given by her o
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e entitled to judgment. They certai
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performance is excused when unfores
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caused to communications and transp
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Following the closing of the above-
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performance. 407 East 61st Garage,
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Canal, across the Mediterranean thr
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An Introduction to REMEDIES We now
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multiplication and (very rarely) di
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It was also erroneous and misleadin
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and we turn to the question of whet
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testified that the total gas, oil,
Page 496 and 497:
BRANDEIS MACHINERY & SUPPLY CO., LL
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PEEVYHOUSE v. GARLAND COAL & MINING
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explanation as to why a measure of
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work; however, where the contract p
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clear and unambiguous and the parti
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pool contractor to finish the pool
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Nevertheless, the English courts he
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perform the work. As Lee failed to
Page 514 and 515:
UNITED STATES ex rel. COASTAL STEEL
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emanded for those findings. When th
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the substance is that the plaintiff
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the agreement would continue on a m
Page 522 and 523:
Review Question 7. Note the paralle
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product that would be fully functio
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car to the Country Music Museum for
Page 528 and 529:
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Restatement (Second) of Contracts s
Page 532 and 533:
Harrahs brings the instant action a
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contest payment for same if constru
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This is in accord with the earlier
Page 538 and 539:
Defendant’s sole defense to this
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particular. Certainly, none of the
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sustained where, from the nature of
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ut will be happy to try to help in
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the full $7,500 price of admission
Page 548 and 549:
Problem 25.2 Mina is a second-year
Page 550 and 551:
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other types of specific performance
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imposed as the remedy for breach of
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certainty, then S&M should be compe
Page 558 and 559:
There is simply no requirement in t
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“other proper circumstances” th
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fence plaintiff erected to discoura
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y no means certain, at the time of
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cannot use that method of self-help
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contract price of $533,000) that La
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teacher resigned at the beginning,
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eaching its lease with Perez by the
Page 574 and 575:
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An Introduction to CONTRACT NONPART
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fraud, mistake, and illegality. If
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may be the diversity of opinion els
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given him by the will for a particu
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since Lawrence v. Fox in a desire t
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workers’ compensation benefits),
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to divide a lawyer’s loyalty betw
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Review Question 9. Lawyers do many
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Problems Problem 27.1 Hank and Hild
Page 596 and 597:
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interested in jumping into such a b
Page 600 and 601:
limitations barred the claims. She
Page 602 and 603:
assigned their claim to recover the
Page 604 and 605:
application to this contract as it
Page 606 and 607:
A breach of contract has been defin
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moved to Arizona and had no further
Page 610 and 611:
It is evident from the express lang
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contracted to assume, and the assig
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March 1 for the conveyance of Purpl
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