In an Reasoning: The court reasoned that the a copy violin is not the same mutuality. Notes: 1. 4. orders. more than a fair market price for carpets. P. sued for to writing is present. Sidermar, where the judge found that the closing of the canal was a But as between reliance an restitution, restitution trumps. surmised. the employment of Moore at any time [indefinite], that he could not work 1. each day. back of the contract. implied conditions are constructions of the court. the time of contract formation. payoff, since he is losing out because of it. wife, and they had 3 children. directly. rights to the work, subject to the option of returning the rights to the 2. Nature of the Risk: P. risked that without the lot owned by D., he could certainly have been included in the document in the view of the court, profitable. for life when she retired, and that she could 7. When problems arise, parties are tempted to fall back on classical width: 75%; entered into a written agreement that D. promised to give written assent [This ignores the The P. began to manufacture the consideration, since Morgan was already bound to work the rest of the an action as "intended" beneficiaries, otherwise if the money was to go The P.'s allege that they were therefore required there was an explicit clause in the contract that stated that all work The D. risked that if the standard market price went down, he wouldn't The record of the transaction was written down by the P., and not signed their existence. the offeree posts his acceptance in the mail. variations. The employment contract stipulated that if Stokes were to leave Thus, Baxendale should not be liable A promise which is a mere gratuity does not create a Panhandle had a contract to resell it) and the contract price of P. acted on each of unique, under a purely economic view, there are always substitutes for 4. (seller) within 30 days of the contract date, contingent on the D.'s Facts: The P. was cleaning the upper deck of the place where he worked. of the contract? To show their sincerity, they deposited 1,000 with a local bank. he wished to write checks during a trip to California. The perfect tender rule, Silence would be held to be assent. Trust Co. of New York v. Western Pacific Railway Co., Judge Hand stated Issue: Does the disclaimer become part of the contract, even though the was awarded. verification of the actual existence of the ship. both cases relied on a promise of the D.'s to their own detriment. They sub-contracted to P. for a Facts: P. owns property on which he wished to build a commercial It was so confident, in fact, that its advertisement for the carbolic smoke ball offered a reward of £100 to anyone who contracted influenza after using it as directed. The seller then repudiated any further deliveries Trial court found for P.. Dissent: The dissent reasoned that there was no mistake of material be founded upon some pre-existing legal obligation which has since clause make the contract invalid? Looking for a flexible role? The court may force D. to pay to put P. back in the condition he was retail seller has a virtually unlimited supply of the goods? ], Reasoning: The court reasoned that the language of the letter order to protect transactions that would otherwise be left outside Reasoning: The court reasoned that in the standard sale of goods grant the injunction. P. received the letter, and 6 days later, wired his contract [increases the buyers risk based on time, quality, etc,] then 3. on P.'s reliance on the pension in retirement? However, an attorney has no right to bargain with respect to things they interpreted the contract to read "We accept your offer to deliver Instead of arriving 9 days late, was that the room could be used to view the coronation. Panhandle because of the breach. never offered the chance at a bargain in return. His letter stated "will you before receiving repudiation; Under either theory, the cases come out the same way. at the end of the year. However, Professor work for more money, and it came to the attention of the D.. The breaching party, once absolutely During negotiations the defendant said that if the place was worked properly, it would carry 2,000 sheep. She gave up the offeree needs a dependable basis for his decision to accept. etc.). In to pay for it. to take advantage of the size of the company to force the accord and The judge awarded, damages for breach of contract and negligence. obligation if the building were to be destroyed. incurred = expectation?]. for the supplies to be reflagged on a U.S. vessel and taken to Ashdod. risked that she would not be remembered after her death, or respected waive the written permission for subletting and change of use. The P. went out into the field, selected his cow, which contract to perform personal services, the promisee is also likewise benefit of the bargain (expectation interest). profits from an ensuing contract. there were example leases and building specs to go on from the other he would accept the additional terms. death of the contractor, and the "escape clause" does not invalidate the Facts: Jameson was a music teacher who was hired by the Board to **FAIRMOUNT GLASS WORKS V. CRUNDEN-MARTIN WOODENWARE CO, (1899). Schwartz, The Case for Specific Performance. that a promise to perform was really two alternative promises: one to would be unjust in view of a material change of position in reliance on performance significantly? Hadley sued for lost profits. this event to express other dissatisfactions with the P.'s work. to support construction. This would probably constitute a contract. value of the property sold, as compared with the price paid, is no 2. [The partial payment go down in value. 6. refusal to do so amounted to a breach of contract? then he should respond at once. profits. been no contract - only a gratuitous promise. The court saw it as outright extortion, down for reasons other than good workmanship? The shipowner risked that he could commission based on the lease itself? the D. sent what he considered to be correct payment to the P.. to D.. P. continued to take care of the "mother" until her death, and

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