JD Next Exam Prep

Kirksey v. Kirksey - Key Concept

Distinction between legally binding promises and gratuitous promises; Role of consideration.

FIRAC - Lefkowitz v. Great Minneapolis Surplus Store Inc.

Facts: Advertisements for fur pieces and stoles at $1; store refused to sell to plaintiff. Issue: Are advertisement offers binding? Rule: Clear, definite offers in ads can be binding. Application: Plaintiff accepted offer per ad terms. Conclusion: Plaintiff entitled to performance.

FIRAC - Raffles v. Wichelhaus

Facts: Contract for cotton shipment; confusion over ship named "Peerless". Issue: Is there a contract without mutual understanding? Rule: Consensus ad idem required for contract. Application: No mutual understanding due to ambiguity. Conclusion: No binding contract.

FIRAC - Wood v. Lucy, Lady Duff-Gordon

Facts: Exclusive marketing agreement; Lady Duff-Gordon endorses products without Wood. Issue: Is there an implied obligation in the contract? Rule: Implied terms in contracts. Application: Implied duty for Wood to market designs. Conclusion: Enforceable contract with implied terms.

FIRAC - Batsakis v. Demotsis

Facts: Loan agreement during WWII; disproportionate value exchange. Issue: Does inadequacy of consideration void a contract? Rule: Even minimal consideration is legally sufficient. Application: Disproportionate consideration still valid. Conclusion: Contract upheld.

FIRAC - Ever-Tite Roofing Corp. v. Green

Facts: Roofing contract signed, performance started, but homeowners hired others. Issue: Is the contract binding upon start of performance? Rule: Contract binding upon performance or formal acceptance. Application: Work commencement signified acceptance. Conclusion: Homeowners breached contract.

FIRAC - Hawkins v. McGee

Facts: Surgeon promises 100% perfect hand in surgery. Issue: Is the surgeon's promise a warranty? Rule: Expectation damages for breach of warranty. Application: Surgeon's promise as warranty; damages for difference between perfect hand and result. Conclusion: Surgeon breached warranty.

FIRAC - Hamer v. Sidway

Facts: Uncle promises nephew $5,000 if he refrains from drinking, smoking, etc., until 21. Issue: Is forbearance adequate consideration for a contract? Rule: Consideration can be an act or forbearance. Application: Nephew's forbearance was a valid consideration. Conclusion: Uncle's promise was enforceable.

FIRAC - Kirksey v. Kirksey

Facts: Woman invited to move to brother-in-law's land with promise of housing. Issue: Is brother-in-law's promise enforceable? Rule: Consideration necessary for contract enforcement. Application: Promise was gratuitous without consideration. Conclusion: Not a binding contract.

FIRAC - Lucy v. Zehmer

Facts: Zehmer appears to sell a farm to Lucy in jest. Issue: Does Zehmer's jest constitute a binding contract? Rule: Objective Theory of Contracts. Application: Contract valid based on outward expression, regardless of internal jest. Conclusion: Enforceable contract.

Wood v. Lucy, Lady Duff-Gordon - Key Concept

Implied terms in contracts; Duty to perform for business efficacy.

What is the significance of contractual liability in medical cases?

It concerns the legal implications of promises or warranties made by medical professionals and the consequences of their breach.

How does Lucy v. Zehmer illustrate the Objective Theory of Contracts?

It emphasizes that contracts are based on outward expressions and actions, not internal intentions.

How does Batsakis v. Demotsis address the adequacy of consideration?

It establishes that even minimal or disproportionate consideration is legally sufficient to enforce a contract.

What does mutuality of obligation mean in contract law?

It means that both parties in a contract must be bound to perform their obligations for it to be enforceable.

What does Hamer v. Sidway demonstrate about consideration in contract law?

It shows that forbearance (refraining from doing something) can be sufficient consideration for a contract.

What does Ever-Tite Roofing Corp. v. Green say about the acceptance of contracts?

It states that a contract can become binding upon the commencement of performance.

Lucy v. Zehmer - Key Concept

Objective Theory of Contracts; Contract enforceability based on outward expressions.

Breach of Contract

Occurs when one party fails to perform their duties as specified in the contract, leading to legal liability.

What does Wood v. Lucy, Lady Duff-Gordon teach about implied terms in contracts?

The case demonstrates that contracts can include implied obligations that are enforceable.

What legal principle is highlighted in Hawkins v. McGee?

The case illustrates the concept of expectation damages in the context of a breach of warranty.

What key contract principle is exemplified in Raffles v. Wichelhaus?

The necessity of mutual understanding (consensus ad idem) for contract formation.

Why was the promise in Kirksey v. Kirksey not enforceable?

The promise was deemed a gratuitous promise without legal consideration, making it unenforceable.

What legal issue is central in Lefkowitz v. Great Minneapolis Surplus Store Inc.?

Whether a clear and definite advertisement constitutes a binding offer.

Batsakis v. Demotsis - Key Concept

Adequacy of consideration; Legal enforceability despite disproportionate consideration.

Lefkowitz v. Great Minneapolis Surplus Store, Inc.

Advertisements as unilateral offers; Conditions for forming contracts via advertisements

Raffles v. Wichelhaus - Key Concept

Ambiguity in contract terms; Importance of consensus ad idem.

Consideration

An essential element of a contract, involving something of value exchanged between the contracting parties.

Contractual Liability in Medical Cases

Concerns promises or warranties made by medical professionals and the legal implications of their breach.

Hamer v. Sidway - Key Concept

Consideration in contract law; Forbearance as sufficient consideration.

What is essential about consideration in contract law?

Consideration is the exchange of something of value, necessary for a contract to be legally binding.

What constitutes a breach of contract?

A breach occurs when one party fails to perform their contractual duties as specified.

Unilateral Contract

A contract in which only one party makes a promise or undertakes a performance, often in response to an act by another party.

What is a unilateral contract?

A contract where one party makes a promise or performs an act in response to an act by another party, not a reciprocal promise.

Mutuality of Obligation

A principle that both parties in a contract must be bound to perform their obligations for the contract to be enforceable.

Illusory Promise - Definition

A promise that lacks commitment and does not create a legal obligation due to the lack of mutuality.

Ever-Tite Roofing Corp. v. Green

Acceptance of an offer by commencing performance; Determining a reasonable time for acceptance of a contract

Hawkins v. McGee - Key Concept

Breach of Warranty; Concept of expectation damages in medical cases.