American Contract Law for a Global Age, 2017a

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efuses, saying, “We had a deal.” Kümmerbünd sues. Should the band be able to receive the extra $7,500 in compensation? Why or why not? Problem 8.4 The Poplars is a beautiful and historic old mansion that is very popular with prospective brides as a site for their weddings. Peach (a rich debutante) and Mario are going to be married, and Peach wants to have the event at The Poplars. She wants to be married August 1. The Poplars, however, is undergoing some remodeling, which would interfere with the wedding. That work is supposed to be finished by July 25, just in time for Peach’s wedding to go off without a hitch. But the contractor, Yoshi, is running a little behind. Yoshi repeatedly asserts that the project will be by July 25, but both the management of The Poplars and Peach are dubious. To ensure that the remodeling will not disrupt her wedding, Peach (who has no other connection to The Poplars except that she wants to have her wedding there) on her own offers Yoshi a $10,000 bonus if all work is done on The Poplars by July 25, the date required by his contract with The Poplars. Spurred by this promise, Yoshi lays on some extra help and finishes the work on time. Peach and Mario’s wedding is held, and is a terrific success. Peach, however, never pays the $10,000. Yoshi sues, demanding payment. Can Yoshi recover the money from Peach? ______________________________________________________________________________ 154 CHAPTER III: CONSIDERATION
Unit 9 __________________________________________________________________ CONSIDERATION Part Three __________________________________________________________________ Promissory Estoppel as a Consideration Substitute FOCUS OF THIS UNIT If you have found the requirement of consideration to be prone to occasional injustice, you are not alone. Courts have wrestled with the issue of avoiding injustice in some situations where parties have an enforceable contract, except for its lack of consideration. In this unit, you will learn about one of the most important vehicles for enforcing such agreements, the doctrine of promissory estoppel. A proper understanding of promissory estoppel, however, requires that we begin with a brief diversion into its origins in the broader concept of equitable estoppel. The easiest way to do that is to tell you a story. Grab some popcorn and listen closely. The Plight of Farmer Giles. Suppose back in the 15th century—a time when property lines were rather hazy given the lack of a good recording system—Farmer Giles, a prosperous freeholder, wants to dig a new well for his flocks. His land is adjacent to that of a local magnate, Lord Blicester. Giles talks with Lord Blicester, who tells him that the boundary line between the two properties lays along a particular line of trees. Giles, relying on the lord’s statement, goes ahead and digs the well on what he thinks is his side of the property line. When it is finished, however, Lord Blicester laughs, slaps his knee, and explains that the boundary line is actually six rods west of the tree line, so the new well is on the lord’s property. Giles is thrown off the property and cannot use the well. The English courts, faced with situations like this—where one party had relied on a false statement of fact made by another—invented a doctrine to deal with the problem. In the law-French used in English courts in those days, it was called “estoppel.” The word comes from the Anglo-French estopper, which meant “stop up” (as with a bottle) or “close” (as with a door). Thus, the word “estop” means, quite literally, “shut up.” If You’re Not Allowed to Prove It, Then Guess What Happens. In Farmer Giles’s case, he might set his sheep onto Lord Blicester’s land to use the well. The lord, in response, would try to assert that the well was on the lord’s property and thus ______________________________________________________________________________ UNIT 9: PROMISSORY ESTOPPEL AS A CONSIDERATION SUBSTITUTE 155
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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
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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 160 and 161: McGowin’s adult child, would that
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
Page 210 and 211: 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,
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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
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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
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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
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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
Page 546 and 547:
the full $7,500 price of admission
Page 548 and 549:
Problem 25.2 Mina is a second-year
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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
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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
Page 592 and 593:
Review Question 9. Lawyers do many
Page 594 and 595:
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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