For the casebooks listed we brief all the cases portrayed in the case book and not the Notes cases. Stilk v. Myrick F: After two sailors deserted, the remainder were offered and accepted more $ to stay. DOCTRINE: § 201! What matters is that the parties, at the time of the contract, think they are making a bargained-for exchange. Does a choice between two things qualify as a range? Taylor v. Caldwell F: Contract for use of opera hall, but hall burns down. Because she didn’t mitigate, there is a waste of $250K and her damages must be reduced by $250K to give her an incentive to mitigate and avoid waste. 477 U.S. 399 (1986) Facts and Procedural History: In 1974 Ford was convicted of murder in a Florida state court and sentenced to death. WRONGLY DECIDED! Modification & The Pre-existing Duty Rule Modification requires further consideration, unless you are just agreeing to something you were already obligated to do. Restatement (2d) § 351: Unforeseeability & related limitations on dmgs. And so, in reality, there isn’t always a strict consideration doctrine and the Cts. Acceptance must be clearly communicated/manifested to offeror; carpenters buy lumber all the time, so here offeror couldn’t know that the purchase of lumber was acceptance by (partial) performance. ” Where nothing ever qualifies as an excuse, captain never has to renegotiate, and, when the excuse is legitimate and their assets are less than the fish, we won’t get the fish caught! Terms of the old contract may be brought in as evidence of what was meant, but that the current contract may not be contradicted by prior agreement—case law falls both ways. tend to discuss them simultaneously, and will award cost of completion when there has been substantial performance, but will award market damages when there hasn’t been substantial performance (and thus has been a material breach). Yes. This is very controversial, but not totally unreasonable. Yes. H: No replevin; doesn’t apply to unexecuted ctcts and this wasn’t yet executed. United States Supreme Court. It’s the best we have. 85-5542. Doctrine of Consideration is mandatory and not waivable. Law is comfortable assuming in this case that H would have contracted for the life-saving services if he had the chance. price rises. See §61 and §2-207 MIR NOT literal! On February 15, 1984, a group of Quebec retailers challenged provincial legislation prohibiting the use of English advertising on outdoor signs. Hoffman v. Red Owl F: Red Owl promised Hoffman a franchise if he’d invest $18K H: Ct. finds that enough essential terms weren’t agreed upon to form a binding contract and thus uses promissory estoppel to award reliance damages. !Economic Argument: High liquidated damages prohibit efficient breach! It declared a dividend of $1.2 million. And cts. Pacific Gas v. GW Thomas F: Question of whether indemnity clause was included in the agreement. The ex ante approach is the law (mostly), but ex post results outside an expected range may provide evidence of ex ante unreasonableness (See Wassenaar). Ford v. State, 407 So.2d 907 (Fla.1981). BUT, we expect them to behave rationally and now there are studies that show they sometimes do not, & systematically. Abel can just argue that his evidence goes to interpreting the words of the contract. Right after the contract was signed, she went out on her own and did her own … 48. So, you want a rule that only sides with promisee when it’s efficient and doesn’t when it’s inefficient. Citing Ford and Panetti, he argued that “he no longer understands” the “status of his case” or the “nature of his conviction and sentence.” Pet. Basically, under both common law and UCC, if the response is most reasonably interpreted as an acceptance, it is. Because Kent was 21 years old at the time of this decision, the juvenile court no longer had jurisdiction if the waiver was proper. 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