Misc Concepts

Question 1

Modern K view of reliance on sub-contractor bids

Answer 1

(Drennan v. Star Paving)
if GC is relying on sub bid it is locked down at point of GC’s submssion;
modern view is that offer is a promise
not reasonable to rely if you believe typo was made

Question 2

Uncertainty of Drennan in modern case law

Answer 2

Berryman v. Kmoch

Reliance is not consideration; acts performed by Kmoch were not intended to benefit Berryma

Question 3

Restatement of Restitution

Answer 3

person who has supplied things or services for another (usually medical), although acting w/o other’s knowledge or consent, is entitled to restitution if:

1. acted unofficously and w/intent to charge
2. services were necessary to prevent serious bodily harm or pain
3. had no reason to know person would not consent
4. was impossible to give consent b/of extreme youth or mental impairment

Question 4

Implied in Fact Contract

Answer 4

REAL contract implied from conduct of the parties that they intended to make a contract

Question 5

Implied in Law Contract

Answer 5

Quasi Contract/Unjust Enrichment/Quantum Meruit

NOT real contract; based solely on unjust enrichment

Question 6

Unjust Enrichment

Answer 6

P conferred BENEFIT on D
D has KNOWLEDGE of the benefit
D has ACCEPTED or retained the benefit conferred
would be INEQUITABLE for D to retain the benefit without paying fair value

Question 7

Modification

Answer 7

In order for K to be modified you must ahve a modification of both parties, otherwise no consideration (Alaska Packers)

Question 8

Doctrine of Economic Duress a/k/a Business Compulsion

Answer 8

K is voidable if party’s assent is induced by immproper threat that leaves victim no reasonable alternative