American Contract Law for a Global Age, 2017a

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arren cow is substantially a different creature than a breeding one. There is as much difference between them for all purposes of use as there is between an ox and a cow that is capable of breeding and giving milk. She was not a barren cow, and, if this fact had been known, there would have been no contract. The mistake affected the substance of the whole consideration, and it must be considered that there was no contract to sell or sale of the cow as she actually was. The thing sold and bought had in fact no existence. She was sold as a beef creature would be sold; she is in fact a breeding cow, and a valuable one. The judgment of the court below must be reversed, and a new trial granted, with costs of this Court to defendants. ______________________ Review Question 9. A pebble thought to be just a pretty stone turns out to be a diamond in Wood, and the seller loses. A cow thought to be barren turns out to be fertile in Sherwood, and the seller wins. In Sherwood, the court says that a horse that’s lame is not different from a horse that is healthy, but a cow that is barren is different from a cow that is fertile. Can you reconcile the reasoning of Wood and Sherwood? Review Question 10. In the preceding two cases, the mistake was a mutual mistake—that is, both parties were said to share the same misconception. What happens when only one of the parties to the agreement is mistaken? Review Restatement (Second) of Contracts § 153. Under what circumstances can a party get out of a contract based on that party’s own unilateral mistake? Problem 15.1 ______________________ Problems Moe is the owner of a piece of real estate, which he has listed at $220,000. Larry offers to buy the real estate for $200,000. Larry wants the property because he knows that a new shopping mall project is coming in and that the developer will pay $400,000 for the property. Moe does not know of the development, and Larry is aware of his ignorance. After some negotiation, the two settle on a price of $210,000. Just before the deal is signed, Moe asks, “Do you know anything about this property that you think I’d want to know about before we sign?” Larry says, “No.” When Moe learns of the development he sues to rescind the sale. What result? ______________________________________________________________________________ 304 CHAPTER V: CONTRACT DEFENSES
Problem 15.2 The town of Amity Beach is a bustling summer seaside resort near Martha’s Vineyard. Its economy is based wholly on three months of summer tourism. Recently a great white shark of unusual size and tenacity has been eating bathers along the shore, creating a great deal of bad publicity and driving tourists away. At a town meeting, everyone is distressed over the potential loss of revenue for the summer. The town council tries to calm the citizens down, but it is difficult. No one has any good suggestions for what to do. Eventually, a local fisherman, Quint, stands up. He makes the following statement: Y’all know me. Know how I earn a livin’. I’ll catch this bird for you, but it ain’t gonna be easy. Bad fish. Not like going down the pond chasin’ bluegills and tommycods. This shark, swallow you whole. Little shakin’, little tenderizin’, an’ down you go. And we gotta do it quick, that’ll bring back your tourists, put all your businesses on a payin’ basis. But it’s not gonna be pleasant. I value my neck a lot more than three thousand bucks, chief. I’ll find him for three, but I’ll catch him, and kill him, for one hundred. But you’ve gotta make up your minds. If you want to stay alive, then ante up. If you want to play it cheap, be on welfare the whole winter. I don’t want no volunteers, I don’t want no mates, there’s just too many captains on this island. One hundred thousand dollars for me by myself. For that you get the head, the tail, the whole damn thing. Quint adds that this is the deal, take it or leave it, and if he leaves the room without an agreement the town can starve to death as far as he’s concerned. As there are no other options on the table, the council reluctantly agrees to hire Quint. Quint eventually catches the shark and brings it back. The town’s summer is saved. The council refuses, however, to pay him the $100,000. The reasonable fee for his boat and services would be $1,500, but the City offers $10,000. Quint sues. What result and why? Problem 15.3 Buyer is a regular attendee at garage sales in her town. While at a sale at the home of Seller, Buyer sees a rather dull and dirty landscape painting in a rather gaudy modern frame. Buyer, who thinks that the colors in the painting would go well in her living room (once the thing is cleaned up) offers $50, and after some negotiation she and Seller agree to a sale at $85. The painting is subsequently proved to be a lost painting by American luminist artist Sanford Robinson Gifford (1823-1880). The Sotheby’s auction house appraises the painting at $100,000 to $130,000. At no time ______________________________________________________________________________ UNIT 15: ASSENT-BASED DEFENSES 305
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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
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contrary in the offer, the acceptan
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HOBBS v. MASSASOIT WHIP CO. Supreme
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stranger may impose a duty upon ano
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contract in this case come into exi
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An Introduction to CONSIDERATION Th
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and you are free to change your min
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Ridge Runner that she lacked the pr
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We conclude that the territory enco
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He further answered, that it was gi
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This action was brought upon an all
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consideration does in fact benefit
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Review Question 5. The promisors in
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The distinction between such a cond
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Vincent refuses. Fritz eventually s
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enefit was money received, the subs
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they stopped work in a body, and de
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supervise this building. Under the
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The day before trial the plaintiffs
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General rules of law established fo
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For the foregoing reasons we are al
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WEBB v. McGOWIN Court of Appeals of
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100 P. 631 (Kan. 1909); Edson v. Po
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McGowin’s adult child, would that
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efuses, saying, “We had a deal.
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Giles had no right to use it. But t
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BLICESTER: That’s crazy. JUDGE: N
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A. She took the piece of paper and
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According to the undisputed proof,
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We recognize that upon different fa
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was discussed with compensation to
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CONRAD v. FIELDS Court of Appeals o
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her job at Qwest and enroll in law
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Seth Wyman’s estranged son Levi i
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An Introduction to ALTERNATIVE REGI
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consistency. Some provisions have p
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TOUSLEY-BIXLER CONSTRUCTION CO. v.
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of goods within this Article whethe
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differently from other contracts? F
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nine units was delivered and paid f
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think they have struck a deal.” Q
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more sense for contract formation t
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COMMERCIAL CODE § 2-206:12 (3D ED.
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face of which appears the notation,
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Problem 10.3 On June 1, the sales d
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except for personal use. If, howeve
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[T]he plain reading of the statute
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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
Page 262 and 263: 7. What is my total service credit?
Page 264 and 265: Review Question 5. In McGovern v. C
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Page 270 and 271: Y Contracts that cannot be performe
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Page 274 and 275: NICKELS, J., dissenting. I disagree
Page 276 and 277: contracts. What is the real purpose
Page 278 and 279: At the ensuing trial, defendant den
Page 280 and 281: There may be cases in which it woul
Page 282 and 283: professional. Things were really ge
Page 284 and 285: GUENTHER v. AMER-TEX CONSTRUCTION C
Page 286 and 287: (b) Subsection (a) of this section
Page 288 and 289: Problem 14.3 Van der Rohe USA, Inc.
Page 290 and 291: sold, the terms of the sale, the na
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Page 294 and 295: The first issue is whether the labe
Page 296 and 297: some point or on some occasion it w
Page 298 and 299: As a matter of law, based on the fa
Page 300 and 301: or, more particularly, in cases suc
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Page 304 and 305: As to mistake, the amended complain
Page 306 and 307: In Weger v. Rocha, 32 P.2d 417 (Cal
Page 308 and 309: I had brought back the topaz, and h
Page 310 and 311: May 5, 1886, plaintiff went out to
Page 314 and 315: prior to the sale was Buyer aware t
Page 316 and 317: Against Public Policy. In many situ
Page 318 and 319: HANKS v. POWDER RIDGE RESTAURANT CO
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Page 336 and 337: In determining reasonableness or fa
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Page 342 and 343: An Introduction to TERMS AND INTERP
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Page 346 and 347: contract itself. Thus written docum
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Page 350 and 351: the contract on the basis of which
Page 352 and 353: The subject-matter of the written c
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Page 360 and 361: 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
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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
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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
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the full $7,500 price of admission
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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
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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
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Review Question 9. Lawyers do many
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Problems Problem 27.1 Hank and Hild
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interested in jumping into such a b
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limitations barred the claims. She
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assigned their claim to recover the
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application to this contract as it
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A breach of contract has been defin
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moved to Arizona and had no further
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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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