JD Next Exam Cases Flashcards
(10 cards)
What does Professor Erwin also call the Conclusion section of a brief?
The holding
“Assumptions against a surgeon for breach of an alleged warranty of the success of an operation. Trial by jury. Verdict for the plainntiff.
Which of the following choices best explains the term “Assumpsit,” as used in Hawkins v. McGee?
A common law form of legal action available to a plaintiff who claims that a contract has been breached.
What rule of contract law did the court apply to the facts in Hamer v. Sidway?
In general a waiver of any legal right at thee request of another is sufficient consideration for a promise
Which of the following choices best explains the terms “demurrer”, “testator,” and “executor” as used in Hamer v.Sidway?
Executor
Is appointed by a testator to carry out the terms of his or her will
Demurrer
A legal objection to the sufficiency of a pleading
What rule did the court follow in reaching its decision in Feinberg’s v. Pfeiffer Co?
A promise which the promisor should reasonably expect to induce such action or forbearance on the part of the promise and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise
Hawkins v McGee
“Hairy hand’ case
Court ruled in Hawkins favor 1929 and awarded damages for value between a good hand and the actual hand.
Dr. McGee approached Hawkins multiple times about getting surgery (skin graft), promising to provide a “perfect hand” and removing scars received from touching an electric wire. Resulted in hairy hand from transplanting skin from the chest Hawking sued under breach of contract.
Hamer v. Sidway
Facts: A man promised his nephew that if he stopped drinking, smoking and gambling until he was 21 that he would pay humiliation $5000. When the nephew completed this agreement the uncle told him that he would hold onto the money and let it collect interest. When thee uncle died Sidway, the executor to the uncles estate would not pay the money to Hamer, who now own the claim to the money, under the fact that he did not have consideration.
Issue: did the original agreement show any consideration in a agreement one must give up something
Decision: the court ruled in favor of Hamer because the legal rights given up by the nephew are enough to satisfy consideration?
Key Concepts of Court Cases
- Hamer v. Sidway
Consideration in contract law
Forbearance as sufficient consideration - Lucy v. Zehmer
Objective Theory of Contract; Contract
Enforceability based on outward expressions - Hawkins v. McGee
Breach of Warranty
Concept of expectation damages in medical cases - Batsakis v. Demotsis.
Adequacy of consideration, Legal enforceability
Despite disproportionate consideration - Kirksey v. Kirksey
Distinction between legally binding promises and gratuitous promises,
Role of consideration - Raffles v. Wichelhaus
Ambiguity in contract term, Importance
Of consensus ad idem - Wood v. Lucy, Lady
Duff-Gordon
Implied terms in contracts; Duty to
Perform for business efficacy - Lefkowitz v. Great Minneapolis Surplus Store
Advertisements as unilateral offers;
Conditions for forming contracts via advertisements - Ever Title Roofing Corp. v. Green
Acceptance of an offer by commencing
Performance; determining a reasonable
Time for acceptance of a contract
10.
FIRAC CASES
Hamer v. Sidway Consideration
Facts: uncle promises nephew $5,000 if he refrains from drinking, smoking, etc until 21
Issue: is forbearance adequate consideration for a contract?
Rule: consideration can be act or forbearance
Application: nephews forbearance was a valid consideration
Conclusion:uncle’s promise was enforceable
Lucy v. Zehmer
Facts: Zehmer appears to sell a farm to Lucy in jest
Issue: does Zehmer’s jest constitute a binding contract?
Rule: objective theory of contracts
Application: contract valid based on outward expression, regardless of internal jest
Conclusion: enforceable contract
Hawkins v. McGee
Facts: Surgeon promises 100% perfect hand in surgery
Issue: is the surgeon promise a warranty?
Rule: expectation damages for breach of warranty
Application: surgeon’s promise as warranty; damages for difference between perfect hand and result
Conclusion: surgeon’s promise breached warranty
Batsakis v. Demotsis
Fact: Loan agreement during WWII; disproportionate value exchange
Issue: does inadequacy of consideration void a contract?
Rule: even minimal consideration is legally sufficient
Application: disproportionate consideration still valid
Conclusion: contract upheld
Kirksey v. Kirksey
Facts: woman invited to move to brother in law land with promise of housing
Issue: is brother in law promise enforceable?
Rule: consideration necessary for contract enforcement
Application: promise was gratuitous without Consideraton
Conclusion: not a binding contract
Raffles v. Wichethaus
Facts: contract for cotton shipment; confusion over ship named “Peerless”
Issue: is there a contract without mutual understanding?
Rule: consensus ad idem required for contract
Application: no mutual understanding due to ambiguity
Conclusion: no binding contract
Wood v. Lucy, Lady Duff Gordon
Facts: exclusive marketing agreement; Lady /duff Gordon endorses products without Wood
Issue: is there an implied obligation in the contract?
Rule: implied terms in contracts
Application: implied duty for Wood to market designs
Conclusion: enforceable contract with implied terms
Lefkowitz v. Great Minneapolis SurplusStore
Facts: advertisements for fur pieces and stoles at $1; store refused to sell to plaintiff
Issue: are advertisement offers binding ?
Rule: clear, definite offers in ads can be binding
Application: plaintiff accepted offer over ad terms
Conclusion: plaintiff entitled to performance
Ever Tite Roofing Corp. v. Green
Facts: Roofing contract signed, performance started, but homeowners hired others
Issue: is the contract binding upon start of performance?
Rule: contract binding upon performance or formal acceptance
Application:work commencement signified acceptance
Conclusion: homeowners breached contract
