Cases Flashcards
Mixed Contract cases
1) Cow case services with goods mixed in, PPT test, wanted installer because of experience, goods weren’t listed
2) DIrt case was goods with service mixed in letter only described the goods and not services
Advertisements not offers
1) Pepsi case using OTK found no reasonably situated recipient would find it to be real
2) Sewing machine ad was not specified to an offeree it was an indefinite sale that didnt include limits
Order form not offer
- Pharmacy vaccine case found a price list is an invitation to negotiate, non confirming offer does not = acceptance
Indefinite offer
Landlord-tenant case - agree to agree later on details is not enough for an offer, a court must have at least a formula to determine the price, must be clear and definite
Counteroffer
Professor case - said he would start at a later date then the job had offered which made it a counter offer
Revocation
Dickinson case - the P found out about the D intention to no longer sell him the land so termination happened before acceptance
Gifts are not a consideration
Church donation case found no consideration but it would hold donations as consideration if both written and there is reliance
Illusory Promise/Conditions in a contract
- Potato farm case held that because one party has a right to terminate if a certain condition happens it is not ilusory because they must act in good faith
SOF common law writing
- Manor case they found sufficient because a person familiar with the area could locate the land-based upon the google map image
SOF UCC writing req
- Buick case they found sufficient the bill of sale which had enough details and essential terms
Consideration - pre-existing duty
Garbage man case they ruled because they raised pay because of an unforeseen circumstance and it was fair/equitable no new consideration was req.
