Contracts: Minibriefs:

First semester – Chapter One: Bases for Enforcing Contracts:Case Name Essential facts Rule R2K/UCC/NotesHawkins v. McGee Hairy hand case. Dr.

promises 100% perfect hand, hand is hairy and scarred.

words + solicitations to compel the π to get the skin grafting constitutes the possibility that a jury may find them to be a warranty.

R2K 1,2,4

Bayliner Marine Corp. v Crow

Prop matrix says boat can go 30mph. Heavy boat goes 13

The statement “ get you to the prime offshore fishing spots” was an opinion & does not constitute a warranty.No breach of implied warranty

R2K 1,2,4

United States Naval Institute v. Charter Communications, Inc.

Hunt for Red October The court determined it was not error to lay the normal uncertainty in such hypotheses at the door of the wrongdoer who altered the proper course of events, instead at the door of the injured party. The court held that the prejudgment interest award was appropriate.

R2K §§1, 344, 347, 352, 359

Sullivan v. O’Connor Actress gets nose job Awarded out of pocket and pain and suffering for the 3rd surgery.

R2K §§ 349, 351, 352, 353,

White v. Benkowski Neighbors shut off water

Punitive damages only for purposes of punishing fraud, etc. Unusual in contracts, as a purpose of damages in contracts is to generally put party in position it would have been if K was completed.

R2K § 355

Hamer v. Sidway Don’t drink or do drugs. Forbearance as a form of consideration

Option Contract - § 45 - a contract made to keep an offer open during a certain period. In creation, your action begins the consideration, in doing so the other party has to keep the contract open

Fiege v. Boehm Basterdy The promise of plaintiff that she would not institute bastardy proceedings against defendant was sufficient consideration for his promise to pay for the child's support, even though it was not certain whether defendant was the father.

74(1)

Fienberg v. Pfeiffer Co. Old woman retires Plaintiff relied on defendant's promise to pay monthly retirement benefits for her life in making her decision to give up her gainful employment, and noted that as such, defendant was contractually liable for the payments under the doctrine of promissory estoppel.

82,83,86

Mills v. Wyman Son hurt on ship, I’ll pay you for helping…. Or not.

Just b/c there was a moral obligation does not mean obligated to pay. No direct relationship between kind act and father. Son was not under his care.

82,83,86

Webb v. McGowin Wood block falls…employee saves boss

Not a mere moral obligation. It was a moral obligation, then became an express promise to pay after being saved McGowin promised to pay for being saved.

82,83,86

Kirksey v. Kirksey Cousin Antillico, come live with me on the farm

∆ act was a mere gratuity and the fact that he kicked her out eventually, did not constitute a breach.

Lake Land Employment Group of Akron, LLC v. Columber

You’re not fired! the former employer's forbearance from discharging him while he was employed by it served as consideration to support the non-competition agreement.

Strong v. Sheffield “Rard” Agreement not to collect a debt for as long as the creditor shall elect does not constitute consideration. (ILLUSORY PROMSE)

75, 77

Mattei v. Hopper Real Estate purchase to build a mall. P unsuccessfully tried to buy from D. There was a Satisfactory clause on the part of P, P obtained satisfactory leases

75, 77

Eastern Air Lines, Inc. v. Gulf Oil Corporation

P and D had a requirements contract where in D would supply P with all he jet fuel they required, at a set price. D raised its prices and P sued for an injunction

The Court held that a contract is a valid requirements contract even if it does not specifically approximate the amounts involved, as long as the amounts are reasonably foreseeable.

2-306, 2-615

Wood v. Lucy, Lady Duff Gordon

P had an exclusive contract with D to market and sell D's garments. D breached contract by contracting with another garment retailer. P sued for breach

The Court held that where P did not specifically promise to use reasonable efforts to promote D's goods, and all compensation to D under the contract is to come from such efforts, there is a valid promise by P.

2-306, 2-615

Ricketts v. Scothorn P received a note from her grandfather saying he would pay her $2,000. P quit her job on the strength of the note. Grandfather died without paying, D the executrix refused to pay.

a gift promise is enforceable if it induces the promisee to take detrimental action in reasonable reliance on the promise.

90

Cohen v. Cowles --- promissory estoppel in a situation where in a newspaper promised to keep its source confidential did not violate the First Amendment.

90

D&G Stout, Inc. v. Bacardi Imports

P was a liquor distributor who was in the middle of negotiations to sell the company. P relied on D's assurance that they would continue working with P. P did not sell, relying on the promise. The next day D stopped distributing through P. P had to sell the business at a lower price.

. The Court held that a party who promises to maintain a business relationship become liable for damages when the promisee relies to its detriment on the promise.

90

Cotnam v. Wisdom P was a physician who did emergency surgery on D, who later died. P sued to recover for the services he performed.

The Court held that a court may find an implied contract to pay for medical services provided to a person who is incapable of contracting.

370, 371

Callano v. Oakwood Park Homes Corp

P planted shrubbery for Pendergast, who died before he could move into his new home. P sued D (the developer) to recover the cost of the shrubbery.

One must show that the other party (one must show that the other party was enriched and that the retention of the benefit by the other party would be unjust under the circumstances.)

370, 371

Pyeatte v. Pyette Husband and wife agreed that husband would go to law school and wife would forebear from going to graduate school until after husband graduated. Husband divorced wife before she could go to school.

Although restitution is not normally a proper remedy for services provided during a marital relationship, it may be appropriate where one spouse took advantage of another by not performing his part of an agreement between the parties.

370, 371