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Who was the plaintiff in Hammer V Sidway? - correct answer ✔✔William E. Story, 2d representation (Hammer) Who was the defendant in Hammer V Sidway? - correct answer ✔✔William E. Story, Sr Executer (Sidway) William E. Story the 2d is William E. Story, Sr.'s nephew, and/or William E. Story, Sr. is William E. Story the 2d's uncle. (True/False) - correct answer ✔✔True What was the cause for action in Hammer V Sidway? - correct answer ✔✔Breach of Contract What was the remedy in Hammer V Sidway? - correct answer ✔✔Damages How was Hammer V Sidway decided in all three courts? - correct answer ✔✔The trial court ruled in favor of the plaintiff. The defendant appealed the trial court's decision. The intermediate appellate court (called the "Supreme Court" in the state of New York) reversed the decision. The plaintiff appealed the decision of the intermediate appellate court (Supreme Court of New York). Plaintiff wins. Which part of Professor Erwin's rule brief does he identify as the basic rule or black letter law? - correct answer ✔✔The measure of the vendor's damages is the difference between the value of the goods as they would have been, if the warranty as to quality had been true, and the actual value at the time of the sale. A contract must be supported by consideration. (True/False) - correct answer ✔✔False
Issue in Hammer v. Sidway - correct answer ✔✔Does the waiver of a legal right as a result of a contract constitute consideration where parties involved may or may not have been benefited? Is there consideration to support a contract where one party promises to refrain from exercising a legal right to use tobacco and alcohol, etc.? The abstaining party has a legal right to do what he or she abstains from doing. (True/False) - correct answer ✔✔True Which is the best description of an issue statement? - correct answer ✔✔An issue statement describes the question the court is deciding in the opinion. Which is the best description of an analysis? - correct answer ✔✔Why did the court rule the way they did? How did the court respond to the respective arguments? The analysis section of your brief includes, among other things, the plaintiff's and defendant's best arguments. (True/False) - correct answer ✔✔True The analysis section of your brief includes, among other things, the issue before the court. (True/False) - correct answer ✔✔False The analysis section of your brief includes, among other things, the court's response to the arguments of the plaintiff and the defendant. (True/False) - correct answer ✔✔True What arguments does the plaintiff make in Hammer v. Sidway? - correct answer ✔✔The nephew preformed the terms of the contract and should be given consideration under the law, simply due to the fact that he waived the legal right and delivered on the promise. What arguments does the defendant make in Hammer v. Sidway? - correct answer ✔✔D argues that P was not harmed by waiving their legal right, and in fact, may have benefited from abstaining. Since D was not also benefited, the contract is without consideration.
the Ps. The Ds defendeed the contract should not hold because they had been drinking, while evidence says otherwise. Lucy took the contract and gave the Ds $5 to seal the deal, but the Ds refused. The very next day W.O went to his brother J.C to put up half of the money for the land to then take half of the interest for the land. The day after, he employed a lawyer to look into the title of the property. The day after that the P went to the D's house and and this is where P was told for the first time the contract was a joke and they the Ds would not sell. P stated "You know you sold that plade fair and square." One receiving notification that the title was clear. P wrote D a letter expressing that we was ready to buy. What is(are) the legal issue(s) in the case of Lucy v Zehmer? - correct answer ✔✔Does this contract have enough evidence for specific performance? Do the undisclosed intentions of the Ds have any weight on the enforceability of the contract? What rule(s) do(es) the court apply to decide the case in Lucy v Zehmer? - correct answer ✔✔While the Ds tried to argue that the contract was just a joke, the intentions are immaterial unless explicitly communicated to or by both parties. The words and actions expressed to P all appear to be reasonably accepted as a business deal, while Ds full intentions were not disclosed. What arguments does the plaintiff make Lucy v Zehmer? - correct answer ✔✔The Ps argue that the contract was made and signed fair and square as well as agreed upon over a lengthy discussion. What arguments does the defendant make in Lucy v Zehmer? - correct answer ✔✔The Ds argue that the contract was a joke all along and that they were drinking at the time of the contract being written and signed, so it cannot and should not be enforceable. How did the court respond to those respective arguments in Lucy v Zehmer? - correct answer ✔✔The court rejected the argument that the Ds were too drunk to sign the contract due to the length, revision, and provisions of the title, and no request from the Ds to take is back after it was taken by P. All of these could not have happened if the Ds were intoxicated. The court also rejected the possibility of the contract being a joke because the "joke" was not communicated to the P until after the contract was signed, taken, investors acquired, and the title search has already begun. Why did the court rule the way it did Lucy v Zehmer? - correct answer ✔✔The court ruled in accordance with the Law of Contracts and other applications of cases arguing specific performance. Due to the ulterior motives of the Ds not being outlines to the Ps, the contract is still enforceable. The court rules in a way that is seen as equitable in accordance with specific performance.
What is the holding in Lucy v Zehmer? - correct answer ✔✔The Ps qualify for the specific performance outlined in the contract. The Ds are required to honor the exchanged outlined in the contract. The Court reversed the lower court's decision. The Ds were in breach of contract. What important facts helped the court decide against the defendant doctor and award damages to the plaintiff boy in Hawkins v. McGee? - correct answer ✔✔The defendant doctor said before the operation was decided upon, "I will guarantee to make the hand a hundred per cent perfect hand or a hundred per cent good hand." "Assumpsit against a surgeon for breach of an alleged warranty of the success of an operation. Trial by jury. Verdict for the plaintiff. ***" Which of the following choices best explains the term "assumpsit," as used in Hawkins v. McGee? - correct answer ✔✔A common law form of legal action available to a plaintiff who claims that a contract has been breached. Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) at a price of $50 a barrel, payment and delivery in 90 days. On the payment/delivery date, oil is selling at $ a barrel and Buyer refuses to go through with the transaction. How much can Seller, injured party, recover? - correct answer ✔✔$6, Buyer and Seller contract for the sale of 1,000 barrels of oil (carefully specified as to grade, etc.) at a price of $50 a barrel, payment and delivery in 90 days. On the payment/delivery date, oil is selling at $ a barrel and Buyer refuses to go through with the transaction. How much can Seller, injured party, recover? - correct answer ✔✔Expectation damages What rule of contracts did the court apply to the facts in Hammer v. Sidway? - correct answer ✔✔In general, a waiver of any legal right at the request of another is sufficient consideration for a contract Which of the following choices best explains the terms "demurrer," "testator," and "executor" as used in Hamer v. Sidway? - correct answer ✔✔An executor is appointed by a testator to carry out the terms of his or her will.
words of condition in a promise indicate a request for consideration or state a mere condition in a gratuitous promise. According to legal experts in contract law if I promise to give my daughter, Marley, a valuable painting in exchange for her promise to give me $1 and she says nothing: - correct answer ✔✔The agreement will not be enforced absent some rationale to enforce the promise without consideration. Rollem, an automobile retailer, had an adult daughter, Betsy, who needed a car in her employment but had only $3,000 with which to buy one. Rollem wrote to her, "Give me your $3,000 and I'll give you the car on our lot that we have been using as a demonstrator." Betsy thanked her father and paid him the $3,000. Both Rollem and Betsy knew, the demonstrator was reasonably worth $10,000. After Betsy had paid the $3,000, but before the car had been delivered to her, one of Rollem's sales staff sold and delivered the same car to a customer for $10,000. Neither the salesperson nor the customer was aware of the transaction between Rollem and Betsy. Does Betsy, after rejecting a tendered return of the $3,000 by Rollem, have an action against him for breach of contract? - correct answer ✔✔Yes, because Rollem's promise was supported by bargained-for consideration. Paula Prospecter, who is a destitute claimant to an Alaskan gold mine, promises to pay Fran Financier $10,000 if Paula succeeds in reclaiming her mine, in return for Fran Financier's payment of $50 to help Paula to go to Alaska and try. Is there consideration here? - correct answer ✔✔Yes. What rule did the court follow in reaching its decision in Feinberg v. Pfeiffer Co.? - correct answer ✔✔A promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee and which does induce such action or forbearance is binding if injustice can be avoided only by enforcement of the promise Which of the following choices best explains the term "estoppel"? - correct answer ✔✔A legal principle that bars a party from denying or alleging a certain fact owing to that party's previous conduct, allegation, or denial. "If you agree to continue working for me, I'll give you a fair share of the profits at the end of the year."
Is there consideration in this case? - correct answer ✔✔No. There is no valid offer here due to lack of clear definitive terms, such as how much a fair share of the profits represents. Therefore, there is no clear consideration. "If you will voluntarily retire, I will give you a pension of $200 per month for life." Is there consideration in this case? - correct answer ✔✔Yes. There are clear definitive terms in this promise, therefore considering exists due to a bargained-for-exchange agreement. If the employee voluntarily retires, he/she expects to receive $200 for life. What statement below best states the issue addressed by the court in Wood v. Lucy, Lady Duff-Gordon? - correct answer ✔✔Was plaintiff Wood's promise illusory and therefore not supported by consideration, since it did not obligate him to take any positive action or do anything of an affirmative nature whatsoever? What do you think Justice Cardozo means by his use of the term "sacred talisman" in the following sentence: "The law has outgrown its primitive stage of formalism when the precise word was the sovereign talisman, and every slip was fatal It takes a broader view to-day. A promise may be lacking, and yet the whole writing may be 'instinct with an obligation,' imperfectly expressed." - correct answer ✔✔Precise words are not required for a contract to be enforceable in modern courts. Rob is selling his house in Tucson. Jim, his agent, has found a buyer, Sid. Sid signs a contract in which he agrees to buy the house for $250,000 but the document provides that "this sale is conditional on the buyer obtaining a mortgage in the amount of $200,000 at an interest rate not to exceed five (5) percent." Is Sid's promise illusory? Could he simply sit on his hands and do nothing and then cancel the contract for failure of the financing contingency? - correct answer ✔✔No. This is not an illusory promise. No, he couldn't just sit on his hands and do nothing because he is under that obligation. Rob is selling his house in Tucson. Jim, his agent, has found a buyer, Sid. Sid signs a contract in which he agrees to buy the house for $250,000 but the document provides that "this sale is conditional on the buyer obtaining a mortgage in the amount of $200,000 at an interest rate not to exceed five (5) percent."
A "unilateral offer" is: - correct answer ✔✔An offer which may be withdrawn without notice before acceptance by an offeree. Allen's, a furniture store, advertises Belissimo Italian leather sofas (red, black, brown, or beige) for sale at $799. - correct answer ✔✔Invitations to Negotiate Allen's, a furniture store, advertises Belissimo Italian leather sofas (red, black, brown, or beige) for sale at $799. Out they go Saturday; First Come First Served. Offer or Invitation to Negotiate? - correct answer ✔✔Offer Collector of classic novels advertises that she will pay $5 for every copy of a Jane Austen book that may be sent to her. Offer or Invitation to Negotiate? - correct answer ✔✔Offer The following appeared in the Gazette, "$1000 reward will be paid by Pill Co. to anyone who continues to suffer from back pain after using our pills according to the directions. $10,000 is deposited with Big Bank to show our sincerity." Offer or Invitation to Negotiate? - correct answer ✔✔Offer On May 1, Owen Owner writes to Robert Roofer: "The roof on my barn was damaged in last week's storm. If you will repair the roof by the end of the week I will pay you $2000. (signed)"Owen Owner" Upon receiving Owner's letter, Roofer begins to repair the roof. Which of the following statements is correct? - correct answer ✔✔A binding contract has been formed. According to the court in Ever-Tite Roofing, a "reasonable time" is defined as: - correct answer ✔✔A question of fact depending on the nature of the contract proposed. Acceptance or No Acceptance?
- Shazza offers her services as a journalist, but states "if Jones Publishing desires to accept this offer, the acceptance must bear the signatures of all members of the Executive Publishing Board." Jones Publishing sends its acceptance signed by only the Board Chairman. - correct answer ✔✔No Acceptance Acceptance or No Acceptance?
- Frank Abbott, a senior partner in the law firm of Abbott and Abbott, provides a letter of employment and hands it to Darcy. The letter states that "This contract is not binding until accepted by signature of the managing partner of Abbott and Abbott. " Darcy signs the letter and hands it back to Frank Abbott, who also signs. - correct answer ✔✔No Acceptance Acceptance or No Acceptance?
- George's Restaurant is in need of repairs after a brawl broke out between Cleaver and Darcy and offers the work to London Construction, stating "This offer may be accepted by return mail." Pamela, the owner of London Construction immediately takes the acceptance over to George's Restaurant personally.
- correct answer ✔✔Acceptance According to the court in Hoffman v. Red Owl Stores, Inc., which of the following elements is not required in order for the doctrine of promissory estoppel to apply? - correct answer ✔✔There must be agreement on essential factors necessary to establish a contract between the parties. In Hoffman, the Court upheld all but the following awards of damages by the jury: - correct answer ✔✔The $16,735 for the losses on the sale of the Wautoma grocery-store fixtures and inventory.
