SYLLABUS
The course will follow the text book in order except for Minority and Mental Incapacity
Chapter 7 section A. (pages 517-537). That chapter will be omitted.
The text book is substantial and therefore will require a great deal of reading. We should
average 25 pages per class. Some topics, of course will require more time and others
slightly less time. For that reason you should remain at least 25 pages ahead of the
previous class.
During classes we will concentrate upon the major cases and the problems. The text
includes many substantive comments and notes. You will find that these notes and
comments are difficult, demanding and very helpful. In most instances the notes and
comments will not be covered directly in the classes. It is very important, however, that
you read and consider them.
Class attendance is required.
CHAPTER 1: An Introduction to the Study of Contract Law
A.
Contract Law in the First-Year Law Curriculum
Problem 1-1
CHAPTER 2: The Basis of Contractual Obligation:
A. Mutual Assent and Consideration
1.
Intention to be Bound: The Objective Theory of Contract
Ray v. William G. Eurice & Bros., Inc.
2.
Offer and Acceptance in Bilateral Contracts
Lonergran v. Scolnick
Izadi v. Machado (Gus) Ford, Inc.
Normile v. Miller
3.
Offer and Acceptance in Unilateral Contracts
Petterson v. Pattberg
Cook v. Coldwell Banker/Frank Labien Realty Co.
4.
Other methods of Reaching Mutual Assent
Harlow & Jones, Inc. v. Advance Steel Co.
B. Consideration
1.
Defining consideration
Hamer v. Sidway
Pennsy Supply, Inc. v. American Ash Recycling Corp.
2.
Applying the Consideration Doctrine
Dougherty v. Salt
Batsakis v. Demotsis
Plowman v. Indian Refining co.
C. Issues in Applying the Concept of Mutual Assent
1.
Limiting the Offeror’s Power to Revoke: the Effect of Pre-acceptance
Reliance
James Baird Co. v. Gimbel Bros., Inc.
Drennan v. Star Paving Co.
Berryman v. Kmoch
Pop's cones, Inc. v. Resorts International Hotel, Inc.
Problem 2-1
2.
Irrevocability by statute: The “Firm Offer.”
Problem 2-2
Problem 2-3
3. Qualified Aceptance: “the Battle of Forms.”
Princess Curises, Inc. v. General Electric Co.
Brown Machine, Inc. v. Hercules, Inc.
Problem 2-4
Walker v. Keith
Quake Construction, Inc. v. American Airlines.
4.
Postponed Bargaining:Tthe agreement to Agree.
Walker vs. Keith
Quake Construction, Inc. v. American Airlines, Inc
Comment: The Pennzoil/Texaco Case
Problem 2-5
Problem 2-6
Problem 2-7
5. Electronic Contracting
Bower v. Gateway 2000, Inc.
Register.com, Inc. v. Verio, Inc.
Problem 2-8
Chapter 3: Liability in the Absence of Brgained-for Exchange: Promissory Estoppel
and Restitution
A. Protecion of Promisee Reliance: The Doctrine of Promissory Estoppel
1. Promises within the Family.
Kirskey v. Kirskey
Greiner v. Greiner
Wright v. Newman
2. Charitable Subscriptions
King v. Trustees of Boston University
Problem 3-1
3. Promises in a Commercial Context
Katz v. Danny Care, Inc
Shoemaker v. Commonwealth Bank
B. Liability for Benefits Received: the Principle of Restitution
1. Restitution in the Absence of a Promise
Credit Bureau Enterprises, Inc. v. Pelo
Commerce Partnership 8098 Limited Partnership v. Equity
Contracting Co.
Watts v. Watts
4. Promisory restitution
Mills v. Wyman
Webb v. McGowin
Problem 3-2
Problem 3-3
Chapter 4: The Statute of Frauds
A. General Principles: Scope and Application
Crabtree v. Elizabeth Arden Sales Corp.
Winternitz v. Summit Hills Joint Benture
Alaska Democratic Party v. Rice
Problem 4-1
B. The Sale of Goods Statue of Frauds: UCC 2-201
Buffaloe v. Hart
Problem 4-2
Chapter 5: The Meaning of the Agreement: Principles of Interpretation and the Parol
Evidence Rule
A. Principles of Interpretation
Joyner v. Adams
Frigaliment Importing Co. v. B.N.S. International Sales Corp.
C & J Fertilizer, Inc. v. Allied Mutual Insurance Co.
B.
The Parol Evidence Rule
Thompson v. Libby
Taylor v. State Farm Mutual Automobile Insurance Co.
Sherrodd, Inc. v. Morrison-Knudsen Co.
Nanakuli Paving & Rock Co. v. Shell Oil Co.
Problem 5-1
Problem 5-2
Chapter 6 Supplementing the Agreement: Implied Terms, the Obligation of Good
Faith, and Warranties.
A. The Rationale for Implied Terms
Wood v. Lucy, Lady Duff-Gordon
Leibel v. Raynor Manufacturing Co.
B. The Implied Obligation of Good Faith
Seidenberg v. Summit Bank
Morin Bldg. Prods. Co. v. BaystoneConstr. Inc.
Locke v. Warner Bros., Inc.
Donahue v. Federal Express Corp.
Problem 6-1
Problem 6-2
C. Warranties
Bayliner Marine Corp. v. Crow
Problem 6-3
Caceci v. Di Canio Contstruction Corp.
Chapter 7 Avoiding Enforcements: Incapacity (Omitted), Bargaining Misconduct,
Unconscionability, and Public Policy.
A.
Duress and Undue Influence
Totem marine Tug & Barge, Inc. v. Alyeska Pipeline Servie Co.
Odorizzi v. Bloomfield School District
B.
Misrepresentation and Nondisclousre
Syester v. Banta
Hill v. Jones
Park 100 Investors v. Kartes
C.
Unconscionability
Williams v. Walker-Thomas Furniture Co.
Higgins v. Superior Court
Adler v. Fred Lind Manor
D. Public Policy
Problem 7-2
Valley Medical Specialists v. Farber
Problem 7-3
Problem 7-4
Chapter 8: Justification for Nonperformance: Mistake, Changed Circumstances, and
Contractual Modifications
A.
Mistake
Lenawee County Board of Health v. Messerly
Wil-Fred's, Inc. v. Metropolitan Sanitary District
B.
Changed Circumstances: Impossibility, Impracticability,and Frustration
Karl Wendt Farm Equipment Co. v. International Harvester Co.
Mel Frank Tool & Supply, Inc. v. Di-Chem Co.
Problem 8-1
Problem 8-2
D.
Modification
Problem 8-3
Alaska Packers' Association v. Domenico
Kelsey-Hayes Co. v. Galtaco Redlaw Castings Corp.
Brookside Farms v. Mama Rizzo's, Inc.
Chapter 9 Rights and Duties of Third Parties
A. Rights of Third Parties as Contract Beneficiaries
Vogan v. Hayes Appraisal Associates, Inc.
Zigas v. Superior Court
B. Assignment and Delegation of Contractual Rights and Duties
Herzog v. Irace
Sally Beauty Co. v. Nexxus Products Co.
Problem 9-1
Chapter 10: Consequences of Nonperformance: Express Cnditions, Material breach,
and Anticipatory Repudiation
A. Express Condtions
Oppenheimer & Col. V. Oppenheim, Appel, Dixon & Co.
J. N. A. Realty Corp. v. Cross Bay Chelsea, Inc
Problem 10-1
B. Material Breach
Jacob & Younger, Inc. v. Kent
Sackett v. Spindler
Truman L. Flatt & Sons Co. v. Schupf
Hornell Brwing Co. v. Spry
Chapter 11 Expectation Damages: Principles and Limitations
Roesch v. Bray
Handicapped Children's Education Baord v. Lukaszewski
American Standard, Inc. v. Schectman
Hadley v. Baxendale
Florafa International v. GTE Market Reseources, Inc.
Rockingham County v. Luten Bridge Co.
Havill v. Woodstock Soapstone
Jetz Service Co. v. Salina Properties
Zapata Hermanos Sucesores, S.A. v. Hearthside Baking Co.
Erlich v. Menezes
Problem 11-1
Problem 11-2
Market Damages, UCC §2-708(1)
Market Damages, UCC §2-708(2)
Problem 11-3
Roth v. Seck
Problem 11-4
Chapter 12 Alternatives to expectation, Damages, Reliance and Restitutionary
Damages, Specific Performance, and Agreed Remedies
Wartzman v. Hightower Productions, Ltd.
Walser v. Toyota Motor Sales, U.S.A., Inc.
United States ex rel. Coastal Steel Erectors, Inc. v. Algernon Blair, Inc.
Lancellotti v. Thomas
Ventura v. Titan Sports, Inc.
Problem 12-1
City Stores Co. v. Ammerman
Reier Broadcasting Company, Inc. v. Kramer
Weshaven Associates, Ltd. V. C.C. of Madison, Inc.
Problem 10-2
Problem 10-3
Problem 12-2
Problem 12-3