Contracts I - Validation Devices - Basics (Notes) Flashcards
Why are gifts or donations not enforceable?
Gift or donation is not enforceable because not a reciprocal exchange of something of value. The exchange of something of value validates the promise and makes it enforceable. Chapter with consideration is called validation process.
According to §71 Restatements, the performance may consist of .. (a) (b) (c)
Where is this necessary?
For unilateral contracts. Performance constitutes acceptance.
(a) An act other than a promise
(b) A forbearance
(c) The creation, modification, destruction of a legal relation
According to the Restatements, what is a contract?
A contract is a promise or set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty.
What are executory contracts?
An executory contract is a legally binding agreement between two or more parties in which the performance of the contractual obligations is yet to be completed. In such contracts, the promises made by the involved parties have not been fully executed or fulfilled. Instead, the parties have agreed on the terms and conditions, and they are legally bound to perform their respective obligations in the future.
Once the required actions or performances are carried out according to the terms of the contract, it transitions from being executory to executed. An executed contract is one in which all the promises have been fulfilled, and the parties have completed their obligations under the agreement.
Where does the modern contract law come from?
Indebitatus assumpsit
The term “indebitatus” means “indebted” or “owing a debt,” and “assumpsit” means “he or she undertook” or “promised.” Therefore, “indebitatus assumpsit” essentially means “he or she promised to pay the debt.”
Explain why the writ of debt was not useful
The writ of debt was not useful because it typically applied to situations where one party had already partially performed their obligations under the contract, and the other party had not fulfilled their part. In other words, it was more suitable for half-performed contracts or cases where there was some performance but not complete performance.
What was the writ of assumpsit?
The writ of assumpsit was a legal remedy used in common law jurisdictions to enforce the exchange of promises and obligations.
Explain why “indebitatus” in indebitatus assumpsit is a legal fiction
The term “indebitatus” in “indebitatus assumpsit” is a legal fiction because it suggests the existence of a debt when, in reality, there may not be an actual debt. In legal language, it implies that a debt is owed, and the action is based on the assumption of a debt. This legal fiction is used to frame a cause of action when someone is seeking to recover damages for a breach of contract or a promise, even if there is no preexisting debt.
Why is promissory estoppel a legal fiction?
Promissory estoppel is considered a legal fiction because it operates as if there were a valid contract with consideration, even when traditional elements of consideration may be lacking.
If you are unconscious, you are not thinking about promises. Someone saves your life, ordinary person. Under what circumstances can they claim money from you?
In the scenario described, if someone saves your life while you are unconscious and unable to make a promise, the law may imply a promise on your behalf. This is an example of a quasi-contract, also known as an implied-in-law contract. Quasi-contracts are not actual contracts but legal constructs used to prevent unjust enrichment. The idea is that it would be unfair for you to benefit from the life-saving action without an obligation to compensate the person who saved you, even though you couldn’t consciously make a promise at that moment. The law steps in to create an obligation to pay for the benefit received, even though there was no explicit agreement or promise made.
Quasi-contracts generally require that the person receiving a benefit is not a volunteer. A volunteer is someone who provides services or benefits without any expectation of payment or compensation. In the scenario described, where someone saves your life while you are unconscious, that person is not considered a volunteer because they are not acting out of mere generosity or goodwill. They are providing a life-saving benefit, which the law implies creates an obligation for you to compensate them.
Teenage girl injuries herself. Parents don’t care. Goes to friend. Father takes her to the hospital. Can the father of the girlfriend sue the girl’s parents?
In the scenario you described, the father of the girlfriend might be able to sue the injured girl’s parents under a quasi contract based on the principle of preventing unjust enrichment. Here’s how it could work:
Benefit Conferred: The father of the girlfriend provided a benefit by taking the injured girl to the hospital when her own parents did not provide care. He provided necessaries to the recipient.
No Volunteer Status: He was not a volunteer in this situation. He did not act out of mere generosity or goodwill but out of a sense of responsibility and concern for the injured girl’s well-being.
Reasonable Expectation of Payment: It could be argued that the father of the injured girl had a reasonable expectation of payment for the expenses he incurred while taking her to the hospital. This expectation arises from the principle of preventing unjust enrichment. The injured girl’s parents received the benefit of their daughter receiving medical care, and it would be unjust for them not to compensate the person who ensured her well-being.
As a result, the father of the girlfriend could potentially bring a quasi-contractual claim against the injured girl’s parents to recover the expenses he incurred while providing her with necessary medical care, even though there was no prior agreement for payment. This legal principle helps prevent individuals from benefiting at the expense of others without just compensation.
You can sue on a contract or quasi-contract. How to make the choice?
Whatever gives you a higher chance of a better award.
Can minors be sued for contracts or quasi contracts?
Minor can be sued for quasi-contract. Not for contracts. Has nothing to do with mental capacity.
Election of remedies: Explain multiple remedies, election, stuck with your choice, alternative in some states.
Election of remedies is a legal principle that allows a party in a lawsuit to choose the specific remedy or relief they seek from the court when multiple options are available. Here’s how it works:
Multiple Remedies: In some cases, a party may have multiple legal remedies available to address a single issue or claim. For example, they might have the option to seek monetary damages or specific performance of a contract.
Election: The party must choose one specific remedy to pursue in their lawsuit. This choice is known as the “election of remedies.”
Stuck with Your Choice: Once the party has made their election and the case proceeds, they are generally bound by their choice. This means they cannot change their selected remedy during the course of the lawsuit.
Alternatives in Some States: However, in some jurisdictions or under specific circumstances, a party may be allowed to plead alternative remedies in their initial court documents. This means they can indicate that they are pursuing multiple remedies simultaneously. They may not have to make a final election until later in the legal process, such as when the case goes to trial or when the judge is ready to instruct the jury.
The principle of election of remedies is designed to promote fairness and prevent a party from changing their position to gain an advantage once the legal proceedings are underway. It provides clarity and predictability in legal disputes by requiring parties to make a clear choice of the remedy they wish to pursue. However, there can be exceptions and variations in different states and under different circumstances.
Imagine you were looking for a specific book at a local bookstore, but to your disappointment, the store didn’t have it in stock. Determined to find the book, you decided to check another bookstore in town. After some searching, you found the exact book you were looking for.
Explain general damages and incidental damages using this example
General Damages (Compensatory Damages): These would cover the cost difference if the substitute book you bought was more expensive than the original book you intended to purchase. General damages compensate for the direct economic loss caused by the breach, which, in this case, is the increased cost of obtaining the substitute book.
Incidental Damages: Incidental damages would encompass the time and effort you spent looking for the substitute book, along with any related expenses incurred during your search. These damages represent the additional costs and efforts you had to undertake as a result of the breach, which are not part of the core contract but are incurred to mitigate your losses.
