Caselaw

Question 1

A breaching promisor is liable only for damages equal to that which the promisee could have reasonably expected to benefit had the promise been kept

Answer 1

U.S. Naval v. Berkley Publishing

Question 2

A promisee is entitled to damages only for what she could have reasonably expected to benefit had the promisor fulfilled her end of the bargain

Answer 2

Sullivan v. O’Connor

Question 3

Punitive damages are not recoverable in breach of contract actions regardless of the intent with which a breaching party violates the contract in question; if actual damages cannot be proven or are negligible, only nominal damages may be recovered

Answer 3

White v. Benkowski

Question 4

“If [a promisor’s] words and acts, judged by a reasonable standard, manifest an intention to agree, it is immaterial what may be the real but unexpressed state of his mind”

Answer 4

Lucy v. Zehmer

Question 5

A term of terms of a contract are only binding if a “reasonably prudent offeree” could have been expected to have been aware of the term or terms in question

Answer 5

Specht v. Netscape

Question 6

General language in a supposed “offer” may be indicative of a lack of intent to bargain on the supposed “offeror’s” behalf

Answer 6

Owen v. Tunison, Harvey v. Facey

Question 7

If correspondence regarding the sale of goods may be reasonably construed to be an offer, especially in light of certain circumstances, the offer may be binding

Answer 7

Fairmount Glass v. Crunden-Martin