Cases

Question 1

Lucy v. Zehmer

Answer 1

If the words or other acts of one of the parties have but one reasonable meaning, his undisclosed intention is immaterial except when an unreasonable meaning which he attaches to his manifestations is known to the other party.

Question 2

Leonard v. Pepsi Co

Answer 2

Advertisement is not an offer; reasonable person standard.

Question 3

Properties v. Neal (Beverly Hills Retail Space)

Answer 3

Termination provision; even if the letter of intent had been a contract, it becomes no longer binding when there is a termination provision.

Question 4

Diesel Power Equipment, Inc. v. ADDCO, Inc

Question 5

Kuzmeskus v. Pickup Motor Co

Question 6

Davis v. Jacoby

Question 6

Petterson v. Pattberg

Question 7

Dickinson v. Dodds

Question 8

Akers v. J.B. Sedberry, Inc

Question 9

Livingston v. Evans

Answer 9

The offeror is always free to re-make (or “revive”) an offer that has been terminated by a counter-offer.

Question 10

Wachter Management Co. v. Dexter & Chaney, Inc. (DCI)

Answer 10

Shrink-wrap agreement, software.

Once a contract has been formed, the offer and the acceptance can’t be changed.

If the parties have a problem with the contract, they must form another contract.

Question 11

Hamer v. Sidway

Question 12

Lucht’s Concrete Pumping, Inc. v. Horner

Question 13

Schnell v. Nell

Question 14

Mills v. Wyman

Question 15

Webb v. McGowin

Question 16

Fiege v. Boehm

Question 17

Alaska Packers Association v. Doemnico

Question 18

Harris v. Blockbuster, Inc

Question 19

Omni Group, Inc. v. Seattle First National Bank

Question 20

Wood v. Lucy, Lady Duff-Gordon

Question 21

Ricketts v. Scothorn

Question 22

Drennan v. Star Paving Co

Question 23

Hoffman v. Red Owl Stores, Inc.

Question 24

Cousineau v. Walker

Answer 24

(innocent misrepresentation) A buyer of land is entitled to rescission of the contract because of misrepresentations made by the seller where the buyer relies on the misrepresentations, the misrepresentations are material to the contract, and the buyer’s reliance is justified.

Question 25

Austin Instruments v. Loral

Question 26

CBS v. Ziff Davis

Question 27

Sherwood v. Walker

Question 28

Drennan v. Star Paving

Question 28

Lenawee County v. Messerly

Question 29

Wood v. May

Question 30

Neri v. Retail Marine (sale of boat)

Question 31

Wilson Salvage Co. v. Hays (purchase of used brick)

Question 32

Groves & Sons v. John Wunder Co. (mining gravel)

Question 33

Peevyhouse v. Graland Coal (strip-mining coal on farm)

Question 34

Rockingham County v. Luten Bridge Co. (the bridge to nowhere)

Question 35

Parker v. Twentieth-Century Fox (the cancelled film-making)

Question 36

Hadley v. Baxendale (shipping a broken mill shaft)

Question 37

Victoria Laundry (Windsor) Ltd. v. Newman Industries Ltd.

Question 38

Prutch v. Ford Motor Company