Cases Flashcards

Question

Lumley v. Wagner

Answer 1

performer breaches for another venue no specific performance, but can get negative injunction (prevent performance at other venue)

Answer 2

football negative injunction; special, exceptional, and unique knowledge, skill, and ability

Answer 3

flour initial deposit, then breach restitution for initial deposits

Answer 4

MI6 exceptional circumstance, govt entitled to restitution (D's profits)

Answer 5

partly performed labor K not compensated restitution to breaching party [reasonable value of benefit breacher conferred CAPPED at K amt] - [damages caused by their breach]

Answer 6

Condo sale breach not a willful breach; avoid unjust enrichment through restitution

Answer 7

emergency surgery after car wreck quasi-K restitution damages

Answer 8

perfomer breached bc hired her out of spite malice v. good faith breach; torts

Answer 9

thought boss renewed his employment K objective theory of assent 1. reasonable person, looking at D's conduct, would think he intended to make K (objective), AND 2. P actually thought so (offeree's subjective intent)

Answer 10

drunk farm purchase don't care about offeror's subjective intent

Answer 11

only send letter saying he WANTED to sell can't accept without offer, preliminary negotiation

Answer 12

mink stole ad ad = binding offer if clear, definite, and explicit, and leaves nothing open for negotiation

Answer 13

Harrier Jet old recognized rule = ads are not offers

Answer 14

letter of intent not offer

Answer 15

memorandum of understanding fact-specific inquiry

Answer 16

offer to buy, but learn seller agreed to other sale before accepted revocation of offer allowed as long as before acceptance

Answer 17

wanted furnishings and fixtures included in house purchase acceptance must mirror offer

Answer 18

box-top license on software package UCC; no express unwillingness to proceed without additional terms, not conditional acceptance

Answer 19

Oscar Meyer sausage sales tax UCC; can accept even if additional terms BUT not if materially alters offer

Answer 20

reward if it doesn't prevent illness unilateral K

Answer 21

"I have come to pay off the mortgage" if either form of acceptance = okay, starting performance = acceptance (unilateral K) BUT before giving $ (performance) offer was revoked

Answer 22

eel skins acceptance by silence if reasonable to think ok bc of prior dealings

Answer 23

went to farm bc of promise to move in/manage no reliance if K violates SOF

Answer 24

no enforcing land K if not in writing + no partial performance

Answer 25

forum selection clause on cruise ticket form Ks: reasonable if no bad intent

Answer 26

forum selection clause Form K: clause wasn't hidden in T&C, considered adequate notice

Answer 27

cancelled HP Touchpad order T&C: arbitration agreement; but NOT enforceable K bc no assent (no requirement to read, click before purchase)

Answer 28

$5,000 if you stop being a degenerate agreed to incur detriment = adequate consideration

Answer 29

widow moves onto widowed brother-in-law's prop with kids, then kicked out loss and inconvenience suffered = sufficient consideration

Answer 30

meds promised if did drug tests unilateral K; performed, incurred detriment, binding K here

Answer 31

promise of more $ if worked harder to navigate boat can't modify if already agreed to it; no new consideration

Answer 32

boat crew already agreed to do whatever necessary on voyage; no new consideration

Answer 33

stopped working to demand extra $ on boat lack of consideration if already agreed to do work under K

Answer 34

way more rubble than either party anticipated new K formed, had valid consideration

Answer 35

"worthless piece of paper" adequacy of consideration not considered by courts; willing to enforce bad bargains

Answer 36

no workers' comp in exchange for lifetime employment promise (breached) require good faith

Answer 37

$2,000 so granddaughter didn't have to work relied on to her detriment; promissory estoppel (sub for consideration)

Answer 38

promise of franchise detrimental reliance; promissory estoppel (sub for acceptance)

Answer 39

surprise! termites misrep even if innocent = allows rescission

Answer 40

sold but didn't own land yet misrep must be material (value of possession and substantial rent amt agreed to)

Answer 41

old lady = terrible dancer statement of opinion = misrep if party stating it has superior knowledge of truth/falsity of statement

Answer 42

military hardware price upped, forced to pay more economic duress

Answer 43

price raised, so K price raised no economic duress if price increase = justified bound to modification if no duress

Answer 44

take back ALL items if default on 1 payment unconscionability at time K = made

Answer 45

baby show but baby disease epidemic No K if contrary to public policy (highly dangerous to community health)

Answer 46

purposeful diverting of sales to get out of lease implied duty of good faith

Answer 47

2nd lease on diff floor no bad intent; no violation of duty of good faith and fair dealing

Answer 48

business decision, not bad intent no violation of duty of good faith

Answer 49

business decision, not bad intent implied duty of good faith and fair dealing SATISFIED

Answer 50

"Peerless" no K if mutual reasonable misunderstanding of ambiguous term

Answer 51

swiss coin collections no K if conflicting understandings of K bc of ambiguity

Answer 52

skirt/bouse combo = dress? vague terms

Answer 53

what's "chicken"? ambiguity but use term vague

Answer 54

no set future price just an agreeement to agree here

Answer 55

good faith reliance in prior dealings; valid requirements K

Answer 56

Lady Duff Gordon indorsements, designs, licensing rights exclusive dealings K implied promise = value here

Answer 57

only verbal warranty of logs Traditional default assumption: written K = full expression of agreements between parties "four corners" approach

Answer 58

want to exercise option but Q whether meant to be just for fam or wife of fam member modern approach: don't assume integration; PER to determine whether partial or total integration bc of vague option lang

Answer 59

does injury to prop include P's prop or 3rd party's prop? if ambiguity, PER allowed to explain meaning

Answer 60

want to prepay loan without extra fees CA law: even seemingly unambiguous Ks allow mod by parol/extrinsic evidence (criticize Pacific Gas ruling bc of this)

Answer 61

consumer magazine business purchase but material misrep of financial statements provided breach of express warranty (believed seller's promise of truth)

Answer 62

barren? cow mutual mistake of material fact allows rescission of K

Answer 63

diamond, not topaz no fraud/mistake, no rescission just bc P made bad sale

Answer 64

prop condemned bc bad septic system when both parties innocent, court decides who bears burden of risk of loss (purchasers here)

Answer 65

construction K and subcontractor K (sub says mistake) reasonable reliance on mistake, resulting loss = on party who caused mistake

Answer 66

contractor bid + obvious subcontractor bid mistake unilateral mistake; rescission allowed since other party knew of mistake

Answer 67

actor ODs before 2 films impossibility: death of party obligated to perform

Answer 68

longer sail voyage bc of Israel invading Egypt NO impracticability unless EXTREME/unreasonable expense/loss

Answer 69

king coronation cancelled subject matter of K cancelled, makes K worthless frustration of purposes

Answer 70

bad partner, dissatisfaction with performance material breach: other may rescind K

Answer 71

no payment until assurance they'll complete Step II of coating bridge components reasonable grounds to demand assurance of performance

Answer 72

Reading pipe only for plumbing substantial performance under K, minimal impact, EXPECTATION DAMAGES [value of full performance] - [value of performance received]

Answer 73

camper van Perfect Tender Rule allows rescission of K Seller's Right to Cure not effected

Answer 74

mitigated breach but sued before 1st K supposed to begin allowed to sue for anticipatory breach once notice of intent or when breach actually occurs

Answer 75

K to build condo to sell to P no anticipatory breach if only REQUEST to cancel K

Answer 76

stopped performing bc believed D couldn't pay for wheat stopping without adequately addressing concerns = anticipatory repudiation on Seller's part, Buyer had right to cancel K

Cases Flashcards

(100 cards)