A car repair shop makes repairs to a car without an explicit promise from the owner to pay.
A customer promises to buy an expensive, rare book and then refuses to perform. No opportunities are lost to the seller.
A CaseFile contains an overruled precedent. What is a sale of goods, who is a merchant, and the warranty of merchantability.
A father makes a promise to give books to his child on the condition that a reconciliation be made with a sibling.
An equipment manufacturer withdraws a prize offer at a fishing contest.
Does an employment "contract" have consideration?
Defect in downloaded demo software corrupts a data base. Is there consideration and is the disclaimer binding?
Offer and Acceptance
What words make offers and acceptances?
A commercial website makes a proposal. Is it an offer or an invitation to negotiate?
Is there a duty to negotiate in good faith?
Following a conversation about the commercial value of cigars, a businessman invests in a large quantity of Cuban cigars in Europe. Bilateral and unilateral contracts.
Perhaps to avoid paying a profession football player a contractual bonus, a team holds him out of the last regular-season game.
A subcontractor seeks to withdraw a mistaken bid after a general contractor has used it to compute its bid.
A businessman promises to pay "cost plus a nice profit." Are the terms indefinite?
A book publisher contracts with competing authors.
A requirements contract for the purchase of DVD disks becomes unprofitable after a shift in the market.
Subject Matter Limitations
A contract to produce a golf ball that would be used in (concealed) violation of the rules of professional golf tournaments.
A professional baseball player is successful in increasing his pay by threatening to breach his contract and play football.
Modifications under the UCC. What is good faith?
Regulating the Bargaining Process
A cryptic exchange of emails to sell golf clubs.
Contract to be performed within a year.
Members of a teen-age rock group disaffirm their contract with an agent after the group becomes successful.
An elderly person purchases more vitamins than she could consume in her lifetime.
A professional football player claims that he was forced to retire by the team's threat to disclose publicly that he bet on the Superbowl.
A bill of sale says a car is sold "as is." UCC disclaimers and fraud.
A door-to-door bible seller buys some old fishing equipment without disclosing its value.
A real estate developer sprays a pond for mosquitoes so prospects won't be put off.
A broad negligence waiver is attacked as unconscionable after a scuba accident.
May a franchisor insist on a clause forbidding a franchise from being assigned without the franchisor's consent?
Challenge to a promise not to compete.
The validity of an arbitration clause in a patient-HMO contract.
Interpretation - Parol Evidence Rule
A partner in a law firm is alleged to have promised that a year-end bonus to a new associate would be prorated if the associate left the firm before year's end.
The buyer of computer storage drives alleges an oral promise that the drives would be wrapped in static-resistant plastic.
Interpretation - Language
Performance Standards - Express Conditions and Crystal/Mud Analysis
A businessman has a termination clause that permits election of a termination- bonus sum if the election is made within a certain period following termination. The businessman misses this period by a short time.
Performance Standards - Constructive Conditions and Substantial Performance
A software firms contracts to trouble-shoot a database, promising to keep the existence of the database a secret. An employee of the software firm discloses the existence of the data base to a newspaper.
Performance Standards - Warranties
A puppy bought for the purpose of being shown and promised to be healthy is monorchid, and cannot be shown.
Software development as a sale. Merchantability and fitness for a particular purpose.
Overcoming warranty disclaimers.
Performance Standards - Perfect Tender
A buyer faced with a losing contract rejects goods on account of a trivial defect.
A guide orders a raft, which he later discovers does not meet his specifications. Revocation of acceptance under the UCC.
Discharge of Duty to Perform - Mistake
A professional football player signs a no-cut multi-year contract after a physical fails to disclose a preexisting injury that the player may have suspected.
Discharge of Duty to Perform - Impossibility
A contract between a handler and a dog owner is challenged when a happy romp causes the dog to be shaved.
A seller of flies refuses to perform when his supplier unexpectedly raises prices substantially.
Construction of a residential swimming pool is halted when the site is found to intrude on government land.
Discharge of Duty to Perform - Frustration of Purpose
Due to weather, a customer cancels his reservation with a fishing guide. Must the customer pay the guide's fee?
Breach - Anticipatory Repudiation
The installer of commercial exercise equipment announces that it will not install the equipment as it has promised. Common law.
The installer of commercial exercise equipment announces that it will not install the equipment as it has promised. UCC.
Minnesota Vikings terminate Cyrus William.
A grain contract is breached. Learned of the breach/repudiation under the UCC.
Breach - Successive Performances
Remedies - Measurement Basics
A skier undergoes an operation which he believes will improve his chances to make the U.S. Olympic team. As a result of the operation, he is injured and fails to make the team.
Remedies - Expectancy
A residential house is mislocated on a lot.
Remedies - Specific Performance
An actor sues to compel a studio to cast him as an actor in a movie.
A hunting guide switches firms after signing a one-year contract, but before trips are booked.
A tobacconist fails to deliver a distinctive set of pipes. Specific performance under the UCC.
Remedies - Stipulated Damages
A clause in a vacation trip contract limits the customer's right to cancel. The clause is challenged when the trip is filled following the cancellation.
Remedies - Reliance Damages
A professor going into the bread business remodels his kitchen to accommodate ovens that are not delivered.
Remedies - Restitution as a Remedy
A contract to construct a jogging course at an up-scale resort is breached by the resort.
Remedies - Punitive Damages
The refurbisher of a musical instrument cuts some corners and causes a customer considerable embarrassment.
Remedies - Qualifications Certainty
A rock group reneges on a contract to use a guitarist.
Remedies - Foreseeability
A misplaced order for fishing equipment causes a large loss to a commercial outfitter.
Remedies - Proportionality
The failure of a $17 part causes millions of dollars in damages.
Remedies - Mitigation
A lease tenant breaches the lease contract. The owner makes some attempts to re-rent, and refuses to re-rent to the breacher.
UCC Remedies - Buyers' Remedies
Specially ordered commemorative footballs are defective.
The electric motor in a toy fails in a public display of the product, ruining the market.
Buyer "covers" by manufacturing internally.
UCC market damages greater than economic loss.
UCC Remedies - Sellers' Remedies
Buyer orders a quantity of golf putters, only to see the market sour.
Third-Party Rights - Third-Party Beneficiaries
A suit by a third party on a performance bond.
A patient seeks to recover under a contract between a doctor and an HMO?
Third-Party Rights - Successors and Assigns
A customer ends a contract with a software company after the software company merges with a larger firm.
Third-Party Rights - Quantum Merut as an Alternative to Contract
A homeowner association sprays the lake in the development for mosquitoes and then finds itself without the authority to charge the residents.
A client saves money by discharging her attorney.
A roady makes a suggestion to a rock and roll group.
A graphics artist is not paid.
A lawyer tells a friend she should discharge her attorney. Inducement to breach a contract.