Cases Flashcards
Mental illness case
Faber v. Sweet Style
Contract of a mental incompetent is voidable if other party can be returned to status quo
If party can’t be returned and other party was ignorant of incompetence and transaction was fair and reasonable, rescission will be denied
Redding pipes
Jacob and Young
Pipes were equal.
Plaintiff not deprived of benefit they reasonably expected even though not exact pipes. CONTRACT MUST NOT HAVE BEEN BREACHED UNINTENTIONALLY.
Substantial performance carried out IN GOOD FAITH.
Substantial performance plus damages =Full performance.
Breach was of trivial amount, replacement would have been “economic waste”
Perfect tender rule - right to cure in reasonable time
Ramirez v autosport
Rejected before so it’s ok to demand perfect tender.
If accept and reject goods after can only do so if in reasonable time.
