American Contract Law for a Global Age, 2017a

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Giles had no right to use it. But the judges, if they believed Giles, would, in effect (and in prettier language), tell Lord Blicester to shut up. He would simply be forbidden to argue that the well was on his property. 1 The proceedings would go something like this (translated very loosely from the law French of the period): BLICESTER: Your honor, the well is on my land so I have a right to exclude Giles from using it. A man’s castle is his home. JUDGE: Well, yes, but you tricked him into digging it on your property by lying to him, didn’t you? BLICESTER: So what? It isn’t my fault that some of the peasants aren’t the sharpest needles in the haystack. JUDGE: So . . . that was a pretty bad thing you did. You’re a bad person to try and take advantage of your neighbor. BLICESTER: “Sticks and stones will break my bones.” There’s no law against lying to your neighbor, is there? JUDGE: Well, no. BLICESTER: And a man has the legal right to throw people off his own property, doesn’t he? JUDGE: Yes. BLICESTER: So why aren’t we done? I obviously win. JUDGE: Not so fast. To throw him off your land, you have to be able to prove that it is your land, don’t you? BLICESTER: Sure. But I can prove that easily, because here’s my deed to the property that lays the boundaries out correctly. It’s all straight from the Earl himself. That’s his “X” right there on the signature line, and his wax seal. I have the scriveners and the surveyors here to testify. JUDGE [pretends to cover ears]: La-la-la-laaa! I can’t hear you. 1 [If you think it unrealistic that a royal courts in the 15th century would rule for a farmer against a nobleman, then think again. Don’t erroneously assume that rich people all make up a single class with similar interests. A concern of the Crown in many European countries during this period was to cut away at the power of the nobility who had their own armies, their own personal courts, and a nasty habit of rebelling every few decades. Increasing the power of rising freedmen and peasants as against nobles served as a means to suppress the relative power of the nobles and reduce their financial resources. Of course, the Crown was not nearly so enthusiastic about increasing the power of freedmen and peasants against the Crown itself. The moral of the story is that you sometimes you need a scorecard to tell who is doing what to whom and why.—Eds.] ______________________________________________________________________________ 156 CHAPTER III: CONSIDERATION
BLICESTER: What? JUDGE [covers eyes]: And I can’t see your deed. BLICESTER: What are you talking about? JUDGE [uncovers his eyes]: I’m sorry, you have to prove the well is on your land, and you can’t prove it. BLICESTER: Yes, I can. Here’s the blinking deed! It’s signed by the blooming Earl! JUDGE: Ah, yes. If I listened to what you said and looked at the deed, you’d win. BLICESTER: That’s what I’m saying! JUDGE: So I won’t. BLICESTER: You won’t what? JUDGE: Listen to you or look at your proof. BLICESTER: But you have to! JUDGE: I don’t have to do anything. I’m a judge. BLICESTER: What? JUDGE: [Patiently] Here, you’re not a lawyer, my lord. Let me explain. To prove that the property is on your land, you’d have to swear that it’s your land and show me the deed. In order for me to officially recognize your testimony and your documents, I have to enter them into evidence before me, right? BLICESTER: I suppose so. JUDGE: Now, think hard. I’m the judge. Who decides whether things are going to be admitted into evidence before me? BLICESTER: Uh . . . you? JUDGE: Nicely done! Me. So follow this carefully. [Illustrates points by raising fingers one by one.] One, you will prove your case if your testimony and evidence are admitted. But two, to prove the case you have to get your evidence admitted. Three, I am not going to admit your evidence because you are a bad person who lied, and you shouldn’t be rewarded for your own evil acts. That would be inequitable. Four, since you have failed to place any admissible evidence before me, you haven’t proved it’s your land. And five, since you have no right to throw anyone off property that isn’t yours, Farmer Giles wins. ______________________________________________________________________________ UNIT 9: PROMISSORY ESTOPPEL AS A CONSIDERATION SUBSTITUTE 157
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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
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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 162 and 163: efuses, saying, “We had a deal.
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
Page 212 and 213: (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
Page 508 and 509:
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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
Page 524 and 525:
product that would be fully functio
Page 526 and 527:
car to the Country Music Museum for
Page 528 and 529:
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Page 530 and 531:
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
Page 544 and 545:
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
Page 550 and 551:
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other types of specific performance
Page 554 and 555:
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
Page 560 and 561:
“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
Page 566 and 567:
cannot use that method of self-help
Page 568 and 569:
contract price of $533,000) that La
Page 570 and 571:
teacher resigned at the beginning,
Page 572 and 573:
eaching its lease with Perez by the
Page 574 and 575:
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Page 576 and 577:
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),
Page 590 and 591:
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
Page 608 and 609:
moved to Arizona and had no further
Page 610 and 611:
It is evident from the express lang
Page 612 and 613:
contracted to assume, and the assig
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March 1 for the conveyance of Purpl
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