appellate court afirmed that the plaintiff had no case and

Gil v metal service that the company can fire anyone at will

Gil v metal service

type employment firing
apellate court rules the damages are enforceable and
resonable ( salary and the cost of hiring a new coach)
vanderbuilt vs butreversed that the appendum was a contract and remands
dinardo that to the rial court

vanderbuilt vs
dinardo type employment contract

appellate court finds broadhead had no definite 5 year

contract, so he was working at will, they reverse the reward
broad head v SE for the salary and found no fault for publishing the info

broad head v SE
type employment contract

hill v gateway type breach of contract

said the papers within the box are part of the contrafct ,
hill v gateway (gateway had earlier appelled and they went to arbitration)

truck issue- court remanded that they had to find fairmarket

value, cost of damages(they said there was a little bit to aid
dodson v shrader the seller as well as the minor)

Earthweb v schlaclk -
type non compete clause

court finds that the 1 year noncompete is too long for this
business and they rule that earth web's buisness is not
earthweb v schlaclk - unique enough to be portected under the law

reed v king - type fraud - materiality

appealate court reversed the trial ruled the kings had a

reed v king case concealment of fact.

statue of limitations
for a car wreck in
lousiana 1 year

uncle phil's gospel most issues of contracts are in the communication and not
on contracts the law. Ambiguitoy of the wording is important

it is hard to writesomething that cant be interpreted in many

2 main probs with ways. Also somethimes contracts don’t address things that
contracts don’t come up.

2 legal classifications
of a contract expressed of implied in fact

expressed verbally or in writing

implied in fact it is implied by the conduct of the parties

a void contract
means there was never a contract in the first place

one side can get out of the contract if there is something

voidable contract wrong

2 main types of
contracts and how
they are set up bilateral and unilateral

it is a promise for a promise; both sides give and receive

bilateral contract something

one side can promise something, but the other side doesn’t
have to promise something but instead does something (or
unilateral contract doesn’t do something)

book version of
unilateral contract
def and act or forebearence for a promise

in the 1800s, contracts were only for ones that had the
contracts of the formalities of a contract and neither party was ever excused
1800s for the terms. Now

a contract is formed with the intent to be bound, and now non-contractual promises
can be bound. Also now, some people may be excused from performance. It also
added resititution and remedies for breach and gives a 3rd party the right to sue in
1900s contracts the case of a breach

who are contracts

mostly governed by the common law

the american law institutes rules for contracts that is used

the restatement as a reference. It went into effect in 79

what DOESN’T
govern LA but all
other states the UNIFORM COMMERCIAL CODE

sale the passing of title good from a seller to a buyer for a price

contract for sale

includes both ___ present sale of goods and a contract to sell goods at a future
and ___ time.

personal property any type of property other than an interest in land

in the Uniform
Commercial code,
what governs contracts
that havent been
specidied common law

employment contracts, service contracts, insurance

contracts not contracts, real property contracts or contracts for the sale of
covered by UCC intangibles like patents or copyrights

real property land and anything attached to it including buildings

a binding agreement that the courts will enforce. (promise

for a promise, promise for a breach they will enforce, or
CONTRACT - def promise for the recognicition of performacne of a duty)

a manifestation of the intention to act or refrain from acting

promise in a specified way

what has to happen

so that a contract
will be enforced it has to reach all of the requirements of a contract

breach a failure to perform properly

remidies for a compenatory damages, equitable rememedies, re;oamce

breacxh damages and restitution

rule with promises

and contract all contracts are promises, but all promises arent contracts

4 requiremnts of a
contract mutual assent, consideration, legality of object and capacity

mutual assent each party has to agree to accept the contract

usual example of
mutual assent offer and acceptance

each part has to intentionally exchange a legal benefit for a

legal detriment as an inducement for the other party to
consideration make a reverse exchange

the cthe purpose of the contract must not be criminal,

legality of object tortious or otherwise against public policy

capacity the person must be leagally capable to enter a contract

those who lack ones judges adjudicate imcompetent or minors,

capacity incompetent, intoxicated people

valid contract one that meets the requiremnts of a binding contract

unenforceable one that the law provides no remedy for a breach (statue of
contract limitations ect)

one where all the duties are formed and technically it isnt a
executed contract contract anymore b/c it is completed

executory contract unperforamed contract

a contract that is legally binding because of its particular

formal contract form or mode of expression

ex of formal contract a seal, and check, a letter of credit

informal contract don’t depend on formality for legal validity

promissory estopel a doctrine enforcing non contractual promises

promise made under circumstances thazt should lead the
promisor reasonably to expect that the promise would
requirements for induce the promisee to take definite and substancial action,
estopel and the promisee does so.

remedy for estopel the court enforces it to the point of injustice

an obligation that is not contractualy that is imposed to

quasicontracts prevent injustice

quasicontracts aka contracts implied in law

the plaintidff confers benefit to defendant, the defendant

requiremnts for a knows and appreciates the benefit and the defendents
quasicontract retention of the benefit is inequitable.

remedy for the plaintiff recovers the reasonable value of the benefit she
quasicontracts conferred upon the defendant

ex of quasi me accidentally giving someone 100 bucks

quasi can be used in

court to aid with void, uneforcable or voidable and recovery is based on
contracts that are performance renedered in the "fake contract"

CH 10

what happens after

an acceptance it forms a contract

you can only kill

a____, not a ___ offer, not a contract

definite proposal of offeror to offeree to be accepted, but it

offer has to be communicated

not usually an offer, usually solicitation ((but there are

advertisement exceptions))

acceptance ana greement to the terms of an offer

counter offer NOT an acceptance, just an other offer going the other way

counter offers can

be made without a rejection

experation of term, revolkation, rejection, death or insanity of either party,

things that kill an distruction of subject matter, or sunsequent illegality; promisory estopel, firm offers
offer under code, statutory irrevolkablity, irrevolkable offers in unilateral contracts

an offeror pulls their offer and kills it; it must be

revolkation communivated

option an offer that cannot be revolked for a period of time

an offer is killed when the set term is up, or after a

expiration of term reasonable amount of time