The Cases Flashcards

Question

Santorini Cabs v. Banco Popular

Answer 1

Santorini tried purchasing 2 taxi cab medallions but agreement fell through Unless its an item that cannot be purchase on the free market, we value it at the time of breach

Answer 2

Entertainer was promised a better nose, her nose was made worse after an add’l surgery Reliance damages = getting the P back to where they started, as if the contract never happened

Answer 3

Aunt acted in bad faith to repair a house that belonged to nephew, could not recover damages Restitution only awarded when in “good faith”, not voluntary or when being an intermeddler

Answer 4

Subcontractor performed 28% of contract, court ordered D to pay for services rendered In very rare circumstances, a party can request restitution damages when expectation was available

Answer 5

Engineer-turned-lawyer spent 3 years writing a legal book, just to be told when it was done that it wasn’t marketable. Court found a breach Restitution damages

Answer 6

Propane supplier tried to back out of contract, court ordered specific performance instead of monetary damages because there was no one else who could provide the service Equitable remedy: specific performance is appropriate where no monetary award could rectify the breach

Answer 7

Man and woman act as husband and wife, work together for 20 years, wife cannot recover Quantum Meruit: reward is only paying the value of the services rendered

Answer 8

Merry Gentlemen sued Keaton for making a flop movie; Keaton did substantially perform Substantial performance: where a D has substantially performed on the contract, P cannot recover the whole amount

Answer 9

Professor wants to publish a book but failed to adequately plead what the royalties would have been Certainty: P must be able to reasonably calculate the damages to receive a monetary award

Answer 10

Companies agreed to an amount that a breaching party would pay, court found the amount punitive Liquidated damages: Set number that’s predetermined by both parties before the start of the contract to determine how much a party would be responsible to pay in the event they breach the contract (can also be calculated after breach), as long as it's not punitive

Answer 11

Man tries to get faulty car fixed, D engages in fraud, doesn’t fix Punitive damages are available where there's evidence of fraud

Answer 12

Courier couldn’t have known mill would be so damaged by a late delivery Limits on recovery: Foreseeability A party must reasonably give the other party notice of potential loss from a breach of the contract; assumes that P would have acted differently had they reasonably foreseen the potential loss (either through notice or reasonable assumption)

Answer 13

Humetrix wanted to develop vaccination cards but Gemplus engaged in shady dealings/ghosting/gaslighting Battle of the experts & certainty: To be awarded damages, a P must be able to provide sufficient evidence to show the amount of damages with reasonable certainty, otherwise the amount is too speculative, certainty can be established through expert testimony

Answer 14

Bridge company completed contract after there was a clear breach Unavoidability/Duty to Mitigate: Non-breaching party has a duty to mitigate (make less severe) the amount of damages incurred by them Duty to mitigate aims to avoid punishing the breaching party by forcing them to pay more than required (punishment = punitive; not a goal of contract law) P can’t intentionally make damages “worse”

Answer 15

D breaches contract with actress, she does not accept their second offer P is only required to mitigate by accepting/seeking reasonably equal contract

Answer 16

Shady niece and aunt go back and forth about the sale of land; electronic email signatures from attorneys satisfy statute of frauds For the Statute of Frauds to apply, the contract must be 1) written and 2) signed

Answer 17

Parties disagreed about whether a sponsorship agreement could be completed within a year Statute of Frauds Year Rule: if a contract can be fulfilled in full in under a year, it does not fall within the statute of frauds and does not need to be in writing

Answer 18

Dental company and dental equipment company had a contract, but did not specify quantity of goods. SoF did not apply Quantity of goods must be in a contract for the sale of goods more than $500 to be enforceable under Statute of Frauds

Answer 19

Woman hires guy to work in makeup sales, D tries not to allow two writings in to be added to the contract; court allows them in Signed and unsigned writings can be put together to satisfy the statute of frauds when: 1. They clearly refer to the same subject matter/transaction 2.Have a lot of overlap

Answer 20

P was negotiating with D to purchase lots, whether earnest money agreements and attorney letters satisfied SoF; courts said no Statute of Frauds Land rule 2/3rds rule: 1. Delivery and assumption of actual and exclusive possession of land (someone has handed over the ownership of the land) 2. Payment or tender of the consideration, whether in money, other property, or services has occurred (a payment has been made) 3. The making of permanent, subtantial, and valuable improvements, referable to the contract (whoever's supposed to get the land has started working on it)

Answer 21

P bought printing machine, sent to wrong place, D was liable for failing to send the printing machine Merchants Exception (sale of goods between merchants, if one party puts out a signed writing, other party must send objection otherwise they can’t use statute of frauds defense)

Answer 22

P got hired by D to sell cars in Hawaii, P relied on D’s promise of a job, sued when he was fired shortly after moving Partial performance is sufficient to enforce a contract when a party relied on other party’s promise, even when the contract was not in writing (can use promissory or equitable estoppel to overcome requirements of SoF)