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If you are interested in purchasing CaseFile Method materials please contact Doug Leslie at
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Contracts 2009
Introduction
1.0
Lotus Garage
Free
A car repair shop makes repairs to a car without an explicit promise from the owner to pay.
2.0
The Tamerlane
Free
A customer promises to buy an expensive, rare book and then refuses to perform. No opportunities are lost to the seller.
2.1
Bad Advice
Free
A CaseFile contains an overruled precedent. What is a sale of goods, who is a merchant, and the warranty of merchantability.
2.2
Cash or Credit Card?
A sales contract to purchase a set of rare books does not specify whethera credit card may be used. Default rules.
2.3
Dane Curse Corp
The Coase Theorem and efficient breach.
Enforcement variables
3.0
B is for Beresford
A father makes a promise to give books to his child on the condition that a reconciliation be made with a sibling.
3.1
Whitefish Genocide
An equipment manufacturer withdraws a prize offer at a fishing contest.
3.2
Thomas Tostados
Does an employment "contract" have consideration?
3.3
Datamagic
Defect in downloaded demo software corrupts a data base. Is there consideration and is the disclaimer binding?
Material benefit rule
4.0
Estate of Vernon Gagne I
Material benefit rule.
Promissory estoppel
5.0
Estate of Vernon Gagne II
Promissory estoppel.
6.0
Terrycloth Industries
Appeal of a wrongful discharge case.
Offer and acceptance
7.0
How Much for that Houseboat?
What words make offers and acceptances?
8.0
Little Action
A commercial website makes a proposal. Is it an offer or an invitation to negotiate?
8.1
1966 Shelby Cobra Mustang GT 350
Is there a duty to negotiate in good faith?
9.0
Major Litigation
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.
10.0
Billy Farrell
Perhaps to avoid paying a profession football player a contractual bonus, a team holds him out of the last regular-season game.
11.0
Fuse Box
A subcontractor seeks to withdraw a mistaken bid after a general contractor has used it to compute its bid.
12.0
Clockwork Fabricators
UCC, 2-207.
Indefiniteness
13.0
Major Litigation II
A businessman promises to pay "cost plus a nice profit." Are the terms indefinite?
14.0
Kingsfield's Case Book
A book publisher contracts with competing authors.
15.0
High Definition Godfather
A requirements contract for the purchase of DVD disks becomes unprofitable after a shift in the market.
Subject matter limitations
16.0
Not-so Titleist Ball
A contract to produce a golf ball that would be used in (concealed) violation of the rules of professional golf tournaments.
16.1
Here's Danny!
A surrogacy contract
Modifications
17.0
Kirby Klener
A professional baseball player is successful in increasing his pay by threatening to breach his contract and play football.
17.1
FlyAway
Modifications under the UCC. What is good faith?
Regulating the bargaining process
18.0
The Birthas
A cryptic exchange of emails to sell golf clubs.
18.1
Humber's Angioplasty
Contract to be performed within a year.
19.0
Cooked Pudding
Members of a teen-age rock group disaffirm their contract with an agent after the group becomes successful.
20.0
Running Out of Melatonin
An elderly person purchases more vitamins than she could consume in her lifetime.
21.0
Minnesota Vikings
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.
22.0
Keene SAAB
A bill of sale says a car is sold "as is." UCC disclaimers and fraud.
23.0
A Fisher of Sorts
A door-to-door bible seller buys some old fishing equipment without disclosing its value.
23.1
Mosquitoes on the Marrimac
A real estate developer sprays a pond for mosquitoes so prospects won't be put off.
24.0
Scuba Accident
A broad negligence waiver is attacked as unconscionable after a scuba accident.
25.0
How Far for a Doughnut?
May a franchisor insist on a clause forbidding a franchise from being assigned without the franchisor's consent?
26.0
More Doughnuts.
Challenge to a promise not to compete.
27.0
Justice, by any Other Name
The validity of an arbitration clause in a patient-HMO contract.
Interpretation - Parol evidence rule
28.0
Humphrey's Bonus
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.
29.0
Modal Modems
The buyer of computer modems alleges an oral promise that the modems would be wrapped in static-resistant plastic.
Interpretation - Language
30.0
A Retired Cowboy, with Nothing Better To Do
What does "unlimited access" mean in a contract with an internet provider?
Performance Standards - Express conditions and crystal/mud analysis
31.0
The Bonus
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
32.0
Shooting a Database
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
33.0
Clyde
A puppy bought for the purpose of being shown and promised to be healthy is monorchid, and cannot be shown.
33.1
Password Protection
Software development as a sale. Merchantability and fitness for a particular purpose.
33.2
SoftProtect
Overcoming warranty disclaimers.
Performance Standards - Perfect tender
34.0
Barney Talks, Mouth Closed
A buyer faced with a losing contract rejects goods on account of a trivial defect.
35.0
The Raft That Would Not Bail
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
36.0
Detroit Lions
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
37.0
Agate Dog
A contract between a handler and a dog owner is challenged when a happy romp causes the dog to be shaved.
38.0
Gil Finn
A seller of flies refuses to perform when his supplier unexpectedly raises prices substantially.
39.0
Alvert's Pool
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
40.0
The Problem with Bones
Due to weather, a customer cancels his reservation with a fishing guide. Must the customer pay the guide's fee?
Breach - Anticipatory repudiation
41.0
Sherman Trainer (I)
The installer of commercial exercise equipment announces that it will not install the equipment as it has promised. Common law.
42.0
Sherman Trainer (II)
The installer of commercial exercise equipment announces that it will not install the equipment as it has promised. UCC.
42.1
I'm Ready to Play
Minnesota Vikings terminate Cyrus William.
43.0
Frackton & Sons
A grain contract is breached. Learned of the breach/repudiation under the UCC.
Breach - Successive performances
44.0
Bill's Buffaloes
An (installment?) contract goes awry.
Remedies - Measurements Basics
45.0
Ponzetti's Promise
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
46.0
Lap Pool
A residential house is mislocated on a lot.
Remedies - Specific performance
47.0
Gabby Hayes
An actor sues to compel a studio to cast him as an actor in a movie.
47.1
What Do the Elk Think?
A hunting guide switches firms after signing a one-year contract, but before trips are booked.
47.2
Ser Jacapo
A tobacconist fails to deliver a distinctive set of pipes. Specific performance under the UCC.
Remedies - Stipulated damages
48.0
Grand Trip
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
49.0
Durin's Bain
A professor going into the bread business remodels his kitchen to accommodate ovens that are not delivered.
Remedies - Restitution as a remedy
50.0
A Slippery Path
A contract to construct a jogging course at an up-scale resort is breached by the resort.
Remedies - Punitive damages
51.0
Jimi's Guitar
The refurbisher of a musical instrument cuts some corners and causes a customer considerable embarrassment.
Remedies - Qualifications Certainty
52.0
Top Cream
A rock group reneges on a contract to use a guitarist.
Remedies - Foreseeability
53.0
Spare the Rod
A misplaced order for fishing equipment causes a large loss to a commercial outfitter.
Remedies - Proportionality
54.0
$17.60
The failure of a $17 part causes millions of dollars in damages.
Remedies - Mitigation
55.0
Pippin's Place
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
56.0
GO BLUE
Specially ordered commemorative footballs are defective.
57.0
Homer at the Wheel
The electric motor in a toy fails in a public display of the product, ruining the market.
57.1
VisualBooks
Buyer "covers" by manufacturing internally.
57.2
James Wins the Open
UCC market damages greater than economic loss.
UCC Remedies - Sellers' remedies
58.0
The Thinge
Buyer orders a quantity of golf putters, only to see the market sour.
59.0
Power Pod
Lost volume sellers.
Third-Party Rights - Third-party beneficiaries
60.0
A Man's Word
A suit by a third party on a performance bond.
61.0
A Chewer
A patient seeks to recover under a contract between a doctor and an HMO?
Third-Party Rights - Successors and assigns
61.1
Lesson Plans.
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
62.0
Gitche Gummee Mosquitoes
A homeowner association sprays the lake in the development for mosquitoes and then finds itself without the authority to charge the residents.
62.1
A Paralegal's Peril
A client saves money by discharging her attorney.
62.2
Sloop John B
A roady makes a suggestion to a rock and roll group.
62.3
Dancing Cars
A graphics artist is not paid.
Torts
63.0
But It Was Good Advice
A lawyer tells a friend she should discharge her attorney. Inducement to breach a contract.
Additional Resources
Restatement (2d) of Contracts
UCC for Contracts
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