Self Assessment of Problem 2-2
In addition to comparing your response with my posted discussion of Problem 2-2, use
this self-assessment checklist to gauge the thoroughness of your response.
1.
2.
3.
4.
Did you state or restate the question in the form of the issue that you will be
discussing?
Did you consider the possibility of a breach of K claim?
a.
Did you discuss the rule--elements for K formation?
(1)
Mutual Assent
(a)
offer
(b)
acceptance
(c)
mini-conclusion
(2)
Consideration
(a)
Did you identify the relevant promise for the purposes of
this lawsuit?
(b)
Did you consider the candidates for consideration?
(c)
Did you test each of them to see if they existed in a
bargained for exchange relationship?
(d)
Did they count as a legal detriment incurred by the
promise?
(e)
Mini-conclusion
Did you consider the possibility of a reliance claim?
a.
Did you state the rule?
(1)
Did you identify the promise?
(2)
Did you identify the change in position/action/forbearance that
Rogers undertook that was induced by the promise?
(3)
Was the change in position/action/forbearance foreseeable by the
promisor?
(4)
Injustice?
(5)
mini-conclusion
Did you consider the possibility of a restitution claim?
a.
Did you state the rule? Restatement 86?
(1)
benefit?
(2)
promise recognizing benefit?
(3)
injustice if not enforced?
(4)
86(2)(a)
(a)
gift?
(b)
no unjust enrichment? (scope of employment?)
(5)
86(2)(b)--value of promise disproportionate with benefit?
(6)
mini-conclusion?
Relative weight
K claim
20 points
Reliance
10
Restitution
30